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Thread: Speeding ticket while passing?

  1. #1
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    Default Speeding ticket while passing?

    Hey all,

    I got a speeding ticket (first in a lot of years) from the RCMP coming into Beiseker from Drumheller. The truck in front of me was doing well below the 100kmh limit (about 85/90kmh) so I passed him naturally. It wasn't a dangerous pass or anything, but I was always taught to speed up and pass quickly and pull back in as soon as is safely possible without cutting off the person you are passing, so that is exactly what I did. On top of it, the guy I was passing started speeding up while I was passing him which made me go even faster to finally get around him.

    Sure enough, the RCMP were doing radar down the road and I got nailed. The officer asked if I knew what speed I was going and I told him honestly that I was passing a slower moving vehicle and knew I was probably 20 to 30 over the limit and he said that is where he caught me and that I didn't slow down fast enough after the pass. I mentioned I didn't want to just pull in front of the guy I passed and jam on my brakes so I just let off the gas as there was another 100 meters or so to the next vehicle so I was just coasting it out.

    He was pleasant but had no mercy at all but gave me a ticket for 127kmh in a 100kmh zone.

    I totally did it and am not denying it is exactly what happened, but I am wondering if anyone who has experienced a ticket like this was successful in showing up at court and having it reduced. Not a big deal but $217 and 3 points is a little bit irksome to swallow considering I feel I was passing safely and considerately, so if I can get it reduced I will at least feel better about it.

    Something tells me I am about to get flamed... lol!

    Edit - The more I hve thought about this ticket, the more annoyed I got so yesterday I went to the court and did not accept the offer of a small reduction of the fine and a point off. I would rather go in front of a judge and make my peace with it. I think I will feel better getting it on record that I don't agree with the ticket even if I end up being responsible for the entire original ticket... Court in September now!
    Last edited by tirebob; 08-10-2016 at 07:22 AM.

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    I had the same thing happen. Guy was nice and let me off though.
    I guess according to the law you're supposed to pass a guy going 85 in a 100 zone by going 99 so you don't break the speed limits ever

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    Legally speaking you can't exceed the speed limit to pass. As stupid as it is, if he's doing 90, you are 'supposed' to do maximum 100 and sit in the on-coming lane until you pass them.

    It's stupid but that's how the laws are unfortunately. That being said if you go in and plead your case you may get it reduced.

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    Default Re: Speeding ticket while passing?

    Originally posted by tirebob
    Something tells me I am about to get flamed... lol!
    You passed the vehicle in a safe manner by going faster so that you could stay in the oncoming lane for as little as possible. This is how I always pass as I want to be back in my lane asap. This should be one of those discretion tickets, instead it is a huge revenue generator, especially in BC where they tow your car for 40 over.

    Instead by the book, you should remain behind him forever because you will lever get a chance to pass him in a safe manner only doing 15 km/hr faster.

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    ...
    Last edited by Sugarphreak; 08-15-2019 at 11:28 PM.

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    Originally posted by Sugarphreak
    IMO you did exactly what you should have. When you are passing on a single lane highway, the idea is to spend as little time in the oncoming lane as possible and complete the pass quickly. It is the safest option.

    Problem is they have a quota to fill and you just happened to be in the wrong place at the wrong time. You got caught on a stupid technicality. It is complete BS.
    Nailed it.

    Even on a divided highway I burn passed semis now instead of just keeping cruise on. Too many times they look in their mirror and see me, only to start drifting over into my lane. Haven't gotten a ticket yet but I realize it's only inevitable. I'm just hoping the officer understands where I'm coming from, especially because I've been run off the road from this very incident.
    Ultracrepidarian

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    I got an estimated 161 in an 100 zone, luckily hand picked from a number of vehicles passing...

    The officer also managed to pass the same vehicles and pulled just me over out of the 3 cars that passed (fucking hypocrites)... Told me I was not able to see radar and he issued me the pink ribbon, to which was heavily reduced.

    So yes, it boils back to what I always say... it's illegal and a ticket if they want it to be, no matter what the circumstance is.
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    Law states that even while passing, you are not allowed to exceed the posted speed limit at any time.

    so if the person ahead of you is doing 99kph, and you want to pass, you are only allowed to do 100kph (if that is the limit).

    Now, we all know that this kind of thing is discretionary to the officer writing the ticket as writing a ticket for passing and exceeding the limit a bit is normal, however, 127kph is more on the excessive side, and I can't say that if I was a cop, I wouldn't write the ticket, but I would probably cut you a break on it. Obviously this guy is just trying to fill his quota and just doesn't give a shit.

    If you have some free time, I would for sure bring it down to the court house and speak to a JP and at the very least, get it reduced.
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    You'd probably have to go out of town to fight it though.
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    Yeah it doesn't matter how you spin it. You exceeded the speed limit to make the pass, so you are in the wrong.

    Couldn't be worse than what happened to me a few years back. I was driving home from a weekend in Vancouver and while in the mountains the cars were going a lot slower than I cared for, so I made an attempt to pass 3 cars.

    It wasn't until I pulled next to the third car did I realize the reason why everyone was going so slow was because it was the highway patrol Whoops! Cop was nice though. First thing she said to me was "speed limit not fast enough for you?" haha

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    Originally posted by spikerS
    Law states that even while passing, you are not allowed to exceed the posted speed limit at any time.

    so if the person ahead of you is doing 99kph, and you want to pass, you are only allowed to do 100kph (if that is the limit).

    That was my assumption too Chris, but looking over the law, I cannot see that actually stated. I might be looking in the wrong place, but here is the link... Section 5 starting on page 17 is the part regarding overtaking and passing...

    www.qp.alberta.ca/documents/Regs/2002_304.pdf

    Again, I know I was above the limit and am not disputing that. I am just trying to come up with an argument I could possibly make to have this ticket reduced (or tossed even better but I know that is highly improbable)...

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    Originally posted by msommers
    You'd probably have to go out of town to fight it though.
    Airdrie is the appointed court. Luckily it is where I live...

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    In Calgary, getting a ticket reduced is pretty easy. In the couple times I've gone in, I've barely said much of anything and they more-or-less give me an offer and I accept (which has been 50% the cost and usually 2/3 dermits off). If they ask, you could say stuff about your insurance and that you have a really clean record otherwise.

    You could just explain your situation and why you did what you did, reduce time in oncoming traffic lane, etc. I haven't heard of anyone not getting a reduction, but that's in Calgary. Again I don't know if you'd have to go out of town to deal with this or not (Nice just saw your reply). The Leduc boys are apparently a real 'treat' to work with on stuff like this, have you heard of anyone dealing with Airdrie before?

    Hope it works out for you man!
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    Originally posted by tirebob

    I am just trying to come up with an argument I could possibly make to have this ticket reduced (or tossed even better but I know that is highly improbable)...
    From my previous experience with the JP, they are fairly reasonable to deal with. As long as you're courteous and apologetic, they'll offer a reduction on the ticket just for showing up. You don't even need a valid reason.

    Like others have said tho, it's rather unfortunate that they issued you this ticket.

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    Originally posted by msommers
    You'd probably have to go out of town to fight it though.

    Definitely a crappy situation.... But not sure your luck on fighting a speeding ticket... all the officer needs to do is prove you sped.

    Did you speed? Yes? Ok, guilty.

    EDIT: Getting it reduced, yeah if youre reasonable, definitely go for it. Always worthwhile! Best of luck to you though! Definitely safer to get out of the oncoming lane asap..... you'd like to think most officers out there have that discretion. Is what it is unfortunately though
    Last edited by swak; 07-25-2016 at 10:08 AM.

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    Shoulda offered a free rim job.

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    Originally posted by swak
    Definitely a crappy situation.... But not sure your luck on fighting a speeding ticket... all the officer needs to do is prove you sped.

    Did you speed? Yes? Ok, guilty.
    Plus OP already admitted it to cop. There is no "fighting it", but you might get a reduction. For the drive out to whatever butthole town the court date will be in, not worth the time IMO.

    Originally posted by spikerS
    I can't say that if I was a cop, I wouldn't write the ticket, but I would probably cut you a break on it.
    Fucking right you would write it, and because the guy's from Calgary, you'll laugh all the way to the bank knowing it won't be challenged. Gotta fund those extra hires somehow, safety be damned.

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    Originally posted by tirebob


    That was my assumption too Chris, but looking over the law, I cannot see that actually stated. I might be looking in the wrong place, but here is the link... Section 5 starting on page 17 is the part regarding overtaking and passing...

    www.qp.alberta.ca/documents/Regs/2002_304.pdf

    Again, I know I was above the limit and am not disputing that. I am just trying to come up with an argument I could possibly make to have this ticket reduced (or tossed even better but I know that is highly improbable)...
    From the alberta driver training handbook...

    Passing on a two-lane highway
    On a two-lane road with one lane of traffic in each direction, passing
    another vehicle can be difficult and dangerous. Errors in judgement due to
    alcohol, fatigue, impatience or various other causes can result in head-on
    collisions. Head-on collisions are usually fatal, therefore, passing should be
    performed with extreme caution.
    When you want to pass another vehicle on a two-lane road:
    • keep a safe following distance behind the vehicle you want to pass
    • pass vehicles only when the way ahead is clear and when passing is permitted
    • check your mirrors
    • shoulder check for vehicles which may be passing you in your blind spot
    • turn on your left signal
    • check again that the road ahead is clear before you attempt to pass
    you must not exceed the speed limit when passing another vehicle
    • once the vehicle you have passed is visible in your inside rear view mirror,
    shoulder check to the right
    • turn on your right signal
    • return to your proper lane position
    • turn off your signal
    still trying to get the webpage that has the actual laws to load...
    Last edited by spikerS; 07-25-2016 at 10:47 AM.
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    Originally posted by Feruk


    Fucking right you would write it, and because the guy's from Calgary, you'll laugh all the way to the bank knowing it won't be challenged. Gotta fund those extra hires somehow, safety be damned.


    SpikerS, google "Traffic Safety Act", a pdf will come up.... and find the speeding section. Probably Section 115 or something like that

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    If it was actually photo radar, there would be no demerits and you wouldn't have been pulled over, so I'm guessing it was something else.

    It's a BS ticket but ticket revenue is always #1 over safety. Had you stayed in the oncoming lane 3X longer to pass the slower vehicles at the speed limit and increased the risk of an accident 10 fold - no problem, who cares.

    Just unlucky, frustrating I'm sure, but nothing you can do. You probably have to go back to that town to fight it too.

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