My question involves traffic court in the State of: Washington (WA)
I just read Barry's EXCELLENT Procedural Guide to Traffic Tickets in Washington State Thread. Wow Wish I'd read that a few months back.
I used Barry's template and created a discovery request, but my pre hearing is tomorrow... so I didn't do that in time. Regardless of my outcome (which I'll update on later), I'm curious how to understand the law in this situation.
Are there examples of how to fight speeding after or during passing based on this RCW 46.61.425 Minimum speed regulation — Passing slow moving vehicle.
(1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law: PROVIDED, That a person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit, subject to the provisions of RCW 46.61.120 on highways having only one lane of traffic in each direction, at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety.
I would think my passing and speeding while doing so was perfectly legal, but the officer obviously didn't agree and expected me to slow down immediately or potentially not speed...
Detailed Description:
After hitting the flat at the bottom of the hill the officer pulled me over and told me I was speeding.
Thanks for any insights.
I just read Barry's EXCELLENT Procedural Guide to Traffic Tickets in Washington State Thread. Wow Wish I'd read that a few months back.
I used Barry's template and created a discovery request, but my pre hearing is tomorrow... so I didn't do that in time. Regardless of my outcome (which I'll update on later), I'm curious how to understand the law in this situation.
Are there examples of how to fight speeding after or during passing based on this RCW 46.61.425 Minimum speed regulation — Passing slow moving vehicle.
Quote:
(1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law: PROVIDED, That a person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit, subject to the provisions of RCW 46.61.120 on highways having only one lane of traffic in each direction, at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety.
I would think my passing and speeding while doing so was perfectly legal, but the officer obviously didn't agree and expected me to slow down immediately or potentially not speed...
Detailed Description:
- I merged on to Westbound S 277th St in Kent/Auburn (from 108th Ave SE headed northbound).
- This road has a significant downgrade in this direction.
- I merged in behind three semi trucks doing about 30 - 35 mph in the 50 mph zone.
- I pulled into the left lane (2 lanes each direction) and passed them.
- After passing them I pulled back into the right lane.
- I did not immediately hard brake after passing the trucks, but slowly decelerated.
After hitting the flat at the bottom of the hill the officer pulled me over and told me I was speeding.
- I asked him if my pass was safe and he said yes.
- He said the issue wasn't passing, but speeding.
- I said thank you and took the ticket.
Thanks for any insights.
Speeding Tickets: Speeding Ticket After Passing a Slow Moving Vehicle
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