Speeding, driving too close and improper passing.

[JerryMcM]

What is the name of your state (only U.S. law)? Massachusetts

I received a citation for three moving violations and I am challenging this in court. I am seeking the answer to a couple of specific questions and also general advice on how to present a defense.

First violation: Speeding. "75+ in a 55". Clocked and estimated. Fine $100

Having read other answers to similar questions, I don't think I have a good defense for this outside of my contrary opinion, which I doubt will be successful. So my question is, can the magistrate increase the fine? I've read that the magistrate is obliged to apply the statutory fine if you are found responsible, which is $50 plus $10 for every mile over the posted speed limit. That would be $250, not the $100 the officer wrote on the ticket. Could this happen?

Second violation: Following too close. Fine $20

The officer did not mention this when he pulled me over and I only noticed it on the citation when I got home. I was driving in rush hour traffic and was not unreasonably close to any other vehicle. What is my best defense here, if any?

Third violation: Improper passing. Fine $100

Again, this was not mentioned by the officer at the time. Further, I was driving on a three lane interstate in one way traffic and I passed on the right. My reading of the statute and conversations I've had with other police officers, leads me to believe this isn't even an offense. Is that wrong?

As a result of the officer writing three separate surchargable violations, I will also be required to attend a drivers reeducation course at a cost of $135, bringing the total cost of this ticket to $355 plus whatever effects it has on my insurance. Was I right to appeal the ticket? Do I have any chance of beating all or part of this?

Thanks in advance.

 

[The Occultist]

What is the name of your state (only U.S. law)The officer did not mention this when he pulled me over

He is not required to do so.

was not unreasonably close to any other vehicle.

What is your definition of "reasonable"?

I was driving on a three lane interstate in one way traffic and I passed on the right. My reading of the statute and conversations I've had with other police officers, leads me to believe this isn't even an offense. Is that wrong?

I agree with you that if the situation truly is as you described that your overtaking on the right should be permissible.

 

[JerryMcM]

He is not required to do so.



What is your definition of "reasonable"?



I agree with you that if the situation truly is as you described that your overtaking on the right should be permissible.

Thanks for replying.

I was driving about one and a half to two car lengths from the car in front of me. About the same as everyone else in rush hour traffic. The only time I got any closer than that was when the officer was pulling me over. He drove what felt like inches from my rear bumper, lights flashing, making me very anxious, and it's possible I was closer to other vehicles as I attempted to get over to the shoulder. Not sure if that makes any difference, but if he cited me for that, it was his driving that caused me to get too close to other cars.

On the improper passing charge, it is as described. Traffic in the center and right lanes was moving faster than the left lane I was in, so I moved right to pass.

 

[Zigner]

Thanks for replying.

I was driving about one and a half to two car lengths from the car in front of me. About the same as everyone else in rush hour traffic. The only time I got any closer than that was when the officer was pulling me over. He drove what felt like inches from my rear bumper, lights flashing, making me very anxious, and it's possible I was closer to other vehicles as I attempted to get over to the shoulder. Not sure if that makes any difference, but if he cited me for that, it was his driving that caused me to get too close to other cars.

On the improper passing charge, it is as described. Traffic in the center and right lanes was moving faster than the left lane I was in, so I moved right to pass.

1-2 car lengths at 55-75 mph is insanely close. That citation is totally proper. As to the improper passing, you seem to admit to it...so there's that.

 

[JerryMcM]

1-2 car lengths at 55-75 mph is insanely close. That citation is totally proper. As to the improper passing, you seem to admit to it...so there's that.

You misunderstand. I was around 2 car lengths (and that's a total guesstimate. It was roughly the same as everyone else in rush hour traffic. I wasn't using a laser pointer) while in the left lane which was at about 50 mph. I moved right to pass and accelerated. I'm not denying the speeding part.

As to the improper passing. Admit what? I passed on the right on a three lane interstate. According to everyone I've spoken to, so far, that doesn't contravene statute General Laws, Part I, Title XIV, Chapter 89, Section 2. That's the law I'm accused of violating. If you feel I have violated that law, I'd appreciate an explanation, because I won't waste my time appealing the conviction any further.

 

[FlyingRon]

You misunderstand. I was around 2 car lengths

That's way too close at even 50MPH

It was roughly the same as everyone else in rush hour traffic.

Which means absolutely nothing. As your mommy told you, two wrongs do not make a right.

As to the improper passing. Admit what? I passed on the right on a three lane interstate. According to everyone I've spoken to, so far, that doesn't contravene statute General Laws, Part I, Title XIV, Chapter 89, Section 2. That's the law I'm accused of violating. If you feel I have violated that law, I'd appreciate an explanation, because I won't waste my time appealing the conviction any further.

Passing on the right may not be the essential part of your violation. The statute includes the word "safely", etc... in several places. If the officer argues you were too close, when you moved back or the like, you can be found guilty even if it is permissible to pass on the right.

 

[Zigner]

You misunderstand. I was around 2 car lengths (and that's a total guesstimate. It was roughly the same as everyone else in rush hour traffic. I wasn't using a laser pointer) while in the left lane which was at about 50 mph.

And that is TOO CLOSE.

I moved right to pass and accelerated. I'm not denying the speeding part.

Ok, two down out of three.

As to the improper passing. Admit what? I passed on the right on a three lane interstate. According to everyone I've spoken to, so far, that doesn't contravene statute General Laws, Part I, Title XIV, Chapter 89, Section 2. That's the law I'm accused of violating. If you feel I have violated that law, I'd appreciate an explanation, because I won't waste my time appealing the conviction any further.

You are wrong on this too:

[SUB]https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter89/Section2[/SUB]
Section 2. Except as herein otherwise provided, the driver of a vehicle passing another vehicle traveling in the same direction shall drive a safe distance to the left of such other vehicle and shall not return to the right until safely clear of the overtaken vehicle; and, if the way is of sufficient width for the two vehicles to pass, the driver of the leading one shall not unnecessarily obstruct the other. If it is not possible to overtake a bicycle or other vehicle at a safe distance in the same lane, the overtaking vehicle shall use all or part of an adjacent lane if it is safe to do so or wait for a safe opportunity to overtake. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on visible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

The driver of a vehicle may, if the roadway is free from obstruction and of sufficient width for two or more lines of moving vehicles, overtake and pass upon the right of another vehicle when the vehicle overtaken is (a) making or about to make a left turn, (b) upon a one-way street, or (c) upon any roadway on which traffic is restricted to one direction of movement.You aren't allowed to pass on the right in the manner you did.

 

[JerryMcM]

"The driver of a vehicle may, if the roadway is free from obstruction and of sufficient width for two or more lines of moving vehicles, overtake and pass upon the right of another vehicle when the vehicle overtaken is (a) making or about to make a left turn, (b) upon a one-way street, or (c) upon any roadway on which traffic is restricted to one direction of movement."

How does this not refer to a three lane interstate with traffic all moving in the same direction? Does it not say that passing on the right is permissible in those circumstances?

I signaled right, moved into the lane to the right of me and then passed the vehicles that had been in front of me in the left lane.

 

[FlyingRon]

Again, we have no idea what the officer will testify to. If he claims your movements in the pass were not done with safety, you are violating the statute.

 

[JerryMcM]

Update.

Had my hearing today and everything went as I'd hoped. The magistrate accepted my responsible plea on the speeding and dismissed the other two charges, stating to the officer present that passing on the right as I did was indeed permissible.

 

[Zigner]

Had my hearing today and everything went as I'd hoped. The magistrate accepted my responsible plea on the speeding and dismissed the other two charges, stating to the officer present that passing on the right as I did was indeed permissible.

Congratulations on it going as you'd hoped. In the future, PLEASE give yourself more room. Per your own admission, you were far too close to the vehicle in front of you.

 

[JerryMcM]

Indeed, and totally not worth it for the 5 minutes I might save on my commute.

Thanks for the help.

 

[Zigner]

Indeed, and totally not worth it for the 5 minutes I might save on my commute.

Thanks for the help.

I've actually kept track of how much time I'd likely gain or lose by driving like a maniac on my commute (about 75-90 minutes in the afternoon). The result...about 45 seconds.