Odd experience with tailgating yesterday

[dbegley]

Yup


Probably. If you don't have front / rear dash cameras, definitely.

He who has the badge writes the ticket.

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[CAL Captain]

The left lane is not for driving in.... if you are in the left lane and someone is on your ass it is because you don't know how to drive. Driving under the speed limit is a moving violation if it is hindering the car behind you, or traffic from passing you.

It is NOT against the law to go over the speed limit to pass someone. It is against the law to be DRIVING above the speed limit. Passing and driving are two different things... the driver has to maintain traffic.

Not to be argumentative but, in California, the speed limit is the speed limit, regardless of the circumstances.

I’m an ex-cop (many, many years ago) and I’ve never heard of any jurisdiction where exceeding the speed limit for any reason (except, maybe, on-duty emergency vehicle) is legal.

Do you have a reference to a statute that allows speeding to pass?

 

[TheReaper]

I was cruising on I-10 at midnight in my 2007 GT when a car started riding my ass really close, I was just about to drop down to 3rd gear and haul ass when the blue lights came on. It was a Mississippi State Trooper pulling me over to tell me my tag light was really dim. I came really close to getting a high dollar ticket..

 

[GT Pony]

Do you have a reference to a statute that allows speeding to pass?

It's probably some what different in each state, but in WA it's legal to exceed the speed limit, but only in certain passing situations. That specific passing situation may hold true in other states.

https://mrticketfixer.com/speeding-pass-slower-vehicle/

 

[MidwayJ]

Many states now have laws requiring drivers to keep right if they are going slower than the normal speed of traffic (regardless of the speed limit). While any amount over the speed limit may technically be fair game for a ticket according to the "letter of the law," in many jurisdictions you are likely at greater risk of a ticket if you clog the left lane for a long time while passing a car going 1/2 mph slower than exceeding the limit by a few mpg for a short time to pass and move over.

 

[Laststandard]

Not to be argumentative but, in California, the speed limit is the speed limit, regardless of the circumstances.

I’m an ex-cop (many, many years ago) and I’ve never heard of any jurisdiction where exceeding the speed limit for any reason (except, maybe, on-duty emergency vehicle) is legal.

Do you have a reference to a statute that allows speeding to pass?

In MN 10mph over is allowed to pass in some situations

Subd 2a here: https://www.revisor.mn.gov/statutes/cite/169.14

 

[Blue Moon]

I've learned to be patient with slow drivers ahead of me. When you drive a lot on snow and ice, you soon learn that the slow car ahead might be a teen driving on ice for the first time, or someone on his way to the tire store to replace bald summer tires, or an old lady driving on a spare donut. There are lots of good reasons to go slow. But if there's a passing lane, stay out of it.

 

[CAL Captain]

In MN 10mph over is allowed to pass in some situations

Subd 2a here: https://www.revisor.mn.gov/statutes/cite/169.14

Thank you. I wasn't trying to be argumentative, I'd just never heard of any laws like this before.

I just checked the CHP website and it's illegal to exceed the speed limit to pass in California.

 

[w3rkn]

Not to be argumentative but, in California, the speed limit is the speed limit, regardless of the circumstances.

I’m an ex-cop (many, many years ago) and I’ve never heard of any jurisdiction where exceeding the speed limit for any reason (except, maybe, on-duty emergency vehicle) is legal.

Do you have a reference to a statute that allows speeding to pass?

No, a driver is not able to maintain the speed limit and maintain 100% visibility.

As such, Drivers maintain an average speed, not instantaneous speed. This was already settled in the 70's when a judge was ask to drive for 1 mile at exactly the speed limit (45mph).. they were unable to maintain that speed. As humans, we constantly search/adjust our speed... but it is not mandatory over being forward observant or vested in maintain 100% forward visibility. (The actual SPEED LIMIT is secondary to maintaining pace of traffic).




Yes, my Sister got a ticket in Michigan on a holiday weekend for holding up the left lane and was told by the State Trooper is is her job to maintain traffic's pace & not interrupt the flow of traffic.. She was already doing over the speed limit... and was told to either speed up and pass the other cars and get over, or slow down and get over... but maintaining her speed and holding up the left lane, is in violation of the law.

 

[CAL Captain]

No, a driver is not able to maintain the speed limit and maintain 100% visibility.

As such, Drivers maintain an average speed, not instantaneous speed. This was already settled in the 70's when a judge was ask to drive for 1 mile at exactly the speed limit (45mph).. they were unable to maintain that speed. As humans, we constantly search/adjust our speed... but it is not mandatory over being forward observant or vested in maintain 100% forward visibility. (The actual SPEED LIMIT is secondary to maintaining pace of traffic).




Yes, my Sister got a ticket in Michigan on a holiday weekend for holding up the left lane and was told by the State Trooper is is her job to maintain traffic's pace & not interrupt the flow of traffic.. She was already doing over the speed limit... and was told to either speed up and pass the other cars and get over, or slow down and get over... but maintaining her speed and holding up the left lane, is in violation of the law.

I'm not arguing that. I'm pointing out that exceeding the speed limit is not allowed under any circumstances in at least one state. And probably a lot more than one.

 

[w3rkn]

Yeah, State law is sovereign, so there can be 50 different traffic laws to contend with.

 

[Hadelson]

Just read through this since I posted sometime ago to this thread. I am not perfect and have done some things driving that clearly violated statutes. That said, in the past 10 years, have been pulled over two times while breaking a traffic law and then given a pass by the LEO. I am always polite and have all my documents ready.

1. Once when I missed a speed limit change from 65 to 55. Cruise set at 68 and came over a hill and nailed on radar from trooper travelling in opposite side of road. I saw him turning around and so pulled over and was waiting for him. I admitted what I did and why without any excuse. He checked my paperwork and then let me go telling me he appreciated my honesty-be careful and mind the speed limit.

2. Another time late for work in the morning and completed a beautiful roll through a stop into a right hand turn in front of a State Trooper. He pulled me over in a 1/4 mile. Again as above was polite and honest without any excuses. Again, he let me go telling he appreciated my honesty.

You drive long enough with enough miles above the speed limit, you will get a ticket. It's the law of averages. The only way to change this is either drive the speed limit and obey all traffic laws, have a very good Radar detector and CB and most important apply common sense.

The real issue of the thread is that many drivers are oblivious to traffic laws and don't care about others while driving. The only way to change this is with increased enforcement, IE ticketing by LEO's. The problem with this is most are stretched too thin to find the time and ticket the violators of driving in the left lane or those at unsafe speeds below posted limits. They make a choice and go after what is deemed the higher risk which is excessive speed or reckless driving.

IMO and my two cents

 

[CAL Captain]

Just read through this since I posted sometime ago to this thread. I am not perfect and have done some things driving that clearly violated statutes. That said, in the past 10 years, have been pulled over two times while breaking a traffic law and then given a pass by the LEO. I am always polite and have all my documents ready.

1. Once when I missed a speed limit change from 65 to 55. Cruise set at 68 and came over a hill and nailed on radar from trooper travelling in opposite side of road. I saw him turning around and so pulled over and was waiting for him. I admitted what I did and why without any excuse. He checked my paperwork and then let me go telling me he appreciated my honesty-be careful and mind the speed limit.

2. Another time late for work in the morning and completed a beautiful roll through a stop into a right hand turn in front of a State Trooper. He pulled me over in a 1/4 mile. Again as above was polite and honest without any excuses. Again, he let me go telling he appreciated my honesty.

You drive long enough with enough miles above the speed limit, you will get a ticket. It's the law of averages. The only way to change this is either drive the speed limit and obey all traffic laws, have a very good Radar detector and CB and most important apply common sense.

The real issue of the thread is that many drivers are oblivious to traffic laws and don't care about others while driving. The only way to change this is with increased enforcement, IE ticketing by LEO's. The problem with this is most are stretched too thin to find the time and ticket the violators of driving in the left lane or those at unsafe speeds below posted limits. They make a choice and go after what is deemed the higher risk which is excessive speed or reckless driving.

IMO and my two cents

I was a cop for a few years back in the '70s.

When I made a traffic stop, the first thing I would request was license and registration, please (this was before cops asked for proof of insurance). Once I had the documents in my hand, I would ask if the driver knew why I stopped them. If they said, "Yeah, I was going a little fast" or "Sorry, I didn't see the stop sign", I would always thank them for their honesty, caution them to be more careful, and let them go. If they denied all wrong-doing or gave me a ration, I already had their docs in my hand and I would retreat to my car and write them.

Having said all that, honesty doesn't work with CHP; you're gonna get a ticket.

 

[IPOGT]

20 years ago, they would pull you over for anything. Now, in my area they hardly do any proactive traffic enforcement by non traffic detail officers.
School zones, yes.. they'll get ya.
But you can do 85 around here on I95 and no one cares.

 

[Hadelson]

Been through California many times and have a friend who is a senior LEO out there. Fortunately, I will never live there.

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