Does anyone know if the speed limit is enforceable while you are passing? I'm debating on whether to fight or pay my 25mph speeding ticket.
Thanks in advance.
Ronnie
Does anyone know if the speed limit is enforceable while you are passing? I'm debating on whether to fight or pay my 25mph speeding ticket.
Thanks in advance.
Ronnie
I don't know why it wouldn't be.
~Brandon~
Aprilia RSV 1000 R Factory - "Gemma"
MV Agusta F3 800 - "Amy Lou"
Rattan Fat Bear Plus - "Lynda"
(720) 935-6438
I rarely think of motorcycles without a little yearning. They are about moving, and humans, I think, yearn to move – it’s in our cells, in our desires. We quiet our babies with cyclic movement, and we quiet ourselves by going.
Melissa Holbrook Pierson
Absolutely. That's why they call it a limit. Now a judge may provide some leniency, depending upon your story. Such as: your were past the car that was traveling below the speed limit and a car pulled into the oncoming lane from a side road. In order to clear the car you had to speed up. The lesser of two evils defense. I'm sure some of the legal eagles will be more than happy to pipe in.
MSF-RiderCoach,TOTAL CONTROL Advanced Riding Clinic-Level 1/Level 2 Instructor
Ricky Orlando Motorcycle School, Rider Workshop-USA
Suspension Academy Graduate 1 + 1 = 3
Writer, 2008 MRA Season Program-Feature Article, "The Colorado Sportbike Club"
*Mngr., TerraNova Team Racing, MRA #112 Andrew Gillespie, Novice GTU Champion/Rookie of the Year-2007
Member: AMA
Red Cross--Disaster Assessment Team Captain, CPR, AED, First Aid, Veteran-USAF-K-9 Handler
It is legal to speed to pass a car being that it is safer to go over the speed limit then it is to maintain the speed limit while passing a car. Trust me I've been in court enough times to know!
If you don't like me I'll shave your cat, steal your extension cords, not limited to your multiple supply outlet adapters and raid your fridge. Please don't let this inhibit you from contacting me, just be mortified;-p
MSF-RiderCoach,TOTAL CONTROL Advanced Riding Clinic-Level 1/Level 2 Instructor
Ricky Orlando Motorcycle School, Rider Workshop-USA
Suspension Academy Graduate 1 + 1 = 3
Writer, 2008 MRA Season Program-Feature Article, "The Colorado Sportbike Club"
*Mngr., TerraNova Team Racing, MRA #112 Andrew Gillespie, Novice GTU Champion/Rookie of the Year-2007
Member: AMA
Red Cross--Disaster Assessment Team Captain, CPR, AED, First Aid, Veteran-USAF-K-9 Handler
My last ticket the Judge specifically stated that there is no extension to the speed limit for passing.
The Limit is the Limit!
In PA I think it was a 5mph extension, but no break in CO.
Be assured that a walk through the ocean of most souls would scarcely get your feet wet.
If you don't like me I'll shave your cat, steal your extension cords, not limited to your multiple supply outlet adapters and raid your fridge. Please don't let this inhibit you from contacting me, just be mortified;-p
Well if your lawyer was right, and it wasn't/isn't illegal, you woulda thought the judge would reduced it from a 12-pointer to a "dismissed".
Or maybe that's just me making sense.
~Brandon~
Aprilia RSV 1000 R Factory - "Gemma"
MV Agusta F3 800 - "Amy Lou"
Rattan Fat Bear Plus - "Lynda"
(720) 935-6438
I rarely think of motorcycles without a little yearning. They are about moving, and humans, I think, yearn to move – it’s in our cells, in our desires. We quiet our babies with cyclic movement, and we quiet ourselves by going.
Melissa Holbrook Pierson
that's just cuz he was driving on the other side of the road-style
MSF-RiderCoach,TOTAL CONTROL Advanced Riding Clinic-Level 1/Level 2 Instructor
Ricky Orlando Motorcycle School, Rider Workshop-USA
Suspension Academy Graduate 1 + 1 = 3
Writer, 2008 MRA Season Program-Feature Article, "The Colorado Sportbike Club"
*Mngr., TerraNova Team Racing, MRA #112 Andrew Gillespie, Novice GTU Champion/Rookie of the Year-2007
Member: AMA
Red Cross--Disaster Assessment Team Captain, CPR, AED, First Aid, Veteran-USAF-K-9 Handler
Being that all my tickets totaled 32 points I'm happy to have all of them reduced to 12. So she did a good job
If you don't like me I'll shave your cat, steal your extension cords, not limited to your multiple supply outlet adapters and raid your fridge. Please don't let this inhibit you from contacting me, just be mortified;-p
Not Suspended??
nope just gotta stay clean for the next year or so. I lucked out being that my record has been clean for nearly 5yrs and then I got all 3 in the span of 3 weeks. Doesn't really bother me being that I moved to CA and they've got a totally different system then co
If you don't like me I'll shave your cat, steal your extension cords, not limited to your multiple supply outlet adapters and raid your fridge. Please don't let this inhibit you from contacting me, just be mortified;-p
Hmm, Pilot, thanks for the invite to add to this one-penny opera. I'll try to stay on topic! Anyway, in the United States, most crimes are required to have a culpable mental state, i.e., "knowing," as in, "I knew I possessed crack and it was crack." Some crimes, however, are strict liability, meaning you don't need a mental state to be in violation of these laws or codes. Speeding is one such example. "I didn't know I was speeding," is not an excuse or no one would receive speeding tickets. Strict liability does not apply to the passenger, however, that's why passengers do not receive tickets for speeding.
Bassil, your story does not seem accurate. In Colorado, a driver over the age of 21 is allowed twelve points in one year, or 18 points in two years. A Colorado driver cannot maintain driving privileges with 0 points. Additionally, under the interstate compact, a suspension in CO will be reported nation-wide and will suspend your privileges in any state, thus you cannot obtain or maintain a license from another state.
the racing lawyer
719.633.3846
Fighting on forums is like winning the Special Olympics!
MRA #442: NUM Marketing, SR-Tuning, Bashed Bikes, the former Morse Racing, Vanmar Racing, Michelin, Bijou Tattoo, the former 4-Play Motorsports, JDH Welding (aka Dallas).
MSF-RiderCoach,TOTAL CONTROL Advanced Riding Clinic-Level 1/Level 2 Instructor
Ricky Orlando Motorcycle School, Rider Workshop-USA
Suspension Academy Graduate 1 + 1 = 3
Writer, 2008 MRA Season Program-Feature Article, "The Colorado Sportbike Club"
*Mngr., TerraNova Team Racing, MRA #112 Andrew Gillespie, Novice GTU Champion/Rookie of the Year-2007
Member: AMA
Red Cross--Disaster Assessment Team Captain, CPR, AED, First Aid, Veteran-USAF-K-9 Handler
Then it's a good thing you didn't represent me.
If you don't like me I'll shave your cat, steal your extension cords, not limited to your multiple supply outlet adapters and raid your fridge. Please don't let this inhibit you from contacting me, just be mortified;-p
I happily ate a ticket once fore accellerating out of a bad situation- I never broke 45 in a 35 while passing an old lady trying to squish me against a fedex truck. Some cops will buy it and some won't. Wasn't big enough to argue so I took 2 points or something.
You can certainly talk it down with a judge. Whatever you do, don't not fight a 25 over ticket. And if you do fight it, be respectful and dress properly. Wearing a tie and carrying helmet, jacket, gloves, etc and setting them next to you couldn't hurt your cause, either. Perception is the name of the game.
Not a shred of evidence exists in favor of the idea that life is serious.
Good advice. Saddam forgot to wear a tie and look what happened to him. ~The state gave him one at no charge.
MSF-RiderCoach,TOTAL CONTROL Advanced Riding Clinic-Level 1/Level 2 Instructor
Ricky Orlando Motorcycle School, Rider Workshop-USA
Suspension Academy Graduate 1 + 1 = 3
Writer, 2008 MRA Season Program-Feature Article, "The Colorado Sportbike Club"
*Mngr., TerraNova Team Racing, MRA #112 Andrew Gillespie, Novice GTU Champion/Rookie of the Year-2007
Member: AMA
Red Cross--Disaster Assessment Team Captain, CPR, AED, First Aid, Veteran-USAF-K-9 Handler
You are slightly correct.
In most states, different points are added for each moving violation -- A driver who gets too many points in too short a time can lose his or her driver's license. In some states, points are also assessed for accidents, even if no court has found you to be at fault.
While the details vary from state to state, most systems typically work in one of two ways.
State System A: Each ordinary moving violation counts as a single point, but two points are assessed for speed violations that are far in excess of the speed limit. A license is suspended when a driver receives four points in a year, six in two years, or eight in three years.
State System B: Two points are assessed for minor violations such as an illegal turn or slightly exceeding the speed limit. Three, four, or five points are assigned for more serious violations, such as illegally running a stop sign or speeding. A license is suspended if a driver gets 12 points over three years.
cali is considered "State System A." an infraction counts as one point (speeding, running red light, etc...) also if you get cited for speeding unless it's 35 over the limit it only counts as one point. and that's even up to the cop. Misdemeanors count as 2 points.
This is actually kinda hurting me out here. I moved out here from Cali last month with "3 Cali Points" out here it's considred higher, so i might be in jeopardy of losing my license if i get stopped once more. however, i think 2 of those points come off in November.
Remember Yesterday. Plan For Tomorrow. Live For Today.
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'o5 SuzukiGSX-1oooR (Custom Street Fighter).
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Bassil, I don't think we've met, so you need to mind your manners.
http://www.revenue.state.co.us/mv_di...l=faqdc/faqdc7
Pilot, thanks for letting me add my two cents to the one-penny opera--all is forgiven, come home.
Last edited by mushin_man39; Sat Aug 4th, 2007 at 03:42 PM. Reason: politeness
the racing lawyer
719.633.3846
Fighting on forums is like winning the Special Olympics!
MRA #442: NUM Marketing, SR-Tuning, Bashed Bikes, the former Morse Racing, Vanmar Racing, Michelin, Bijou Tattoo, the former 4-Play Motorsports, JDH Welding (aka Dallas).
Nobody really answered the original question. It *IS* legal to exceed speed limit under certain circumstances while passing. Not a law the police (or judge) are likely to tell you about.
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.
-------------------------
RCW 46.61.120
Limitations on overtaking on the left.
No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of RCW 46.61.100 through 46.61.160 and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching
vehicle.
You're quoting law that does not apply in Colorado... BAD
"That which does not kill you only postpones the inevitable."
Hmm. You are correct! I cut this text from a thread I was involved with on the Boulder.General newsgroup some years ago and assumed it was for Colorado. My apologies. So Colorado has no similar law? It seems like the gist of that thread was that it did, but perhaps we were all confused by this (apparantly WA) law being posted.
Mushin Man39 is a lawyer, ask him.
"That which does not kill you only postpones the inevitable."
Not trying to soil the waters here, but I do believe Mtnerrorlover (ha) just received a tickie from the feds for passing in a NPZ in RMNP. She mentioned this in a previous post.
MSF-RiderCoach,TOTAL CONTROL Advanced Riding Clinic-Level 1/Level 2 Instructor
Ricky Orlando Motorcycle School, Rider Workshop-USA
Suspension Academy Graduate 1 + 1 = 3
Writer, 2008 MRA Season Program-Feature Article, "The Colorado Sportbike Club"
*Mngr., TerraNova Team Racing, MRA #112 Andrew Gillespie, Novice GTU Champion/Rookie of the Year-2007
Member: AMA
Red Cross--Disaster Assessment Team Captain, CPR, AED, First Aid, Veteran-USAF-K-9 Handler