Weird Speeding Ticket Question

[Mhissticobra]

I got a speeding ticket last week going to work in the morning. I was on a 2 lane (1 in each direction) road where the speed limit is 55mph. I was stuck behind a dump truck doing about 40-45mph. I was a little late for work and wanted to get around this dump truck. I waited until the opposite lane was clear and I passed the dump truck in the opposing lane. Obvisiouly, I had to accelerate my speed to get around the truck and when I got back in the proper lane, an Ohio highway patrolman was right there parked on the side of the road and got me for speeding. He told me he got me at 72 mph. (ticket says 74, not sure what that matters) I wanted to get around the truck fast becasue I didn't want any oncoming traffic to appear and cause a wreck, especially since it was still dark outside. I usually just coast back down to the speed limit after passing a truck like that but he got me before that could happen.

Do I have any defense at all? I know I was going over the limit but it wasn't like I was cruising at that speed. I don't mind paying the fine but I would like to keep the points off my record to keep my insurance down. I have no points on my record currently since I have not gotten pulled over in a few years. Can I take a driving class to keep the points off?

 

[Iceman II]

Yes, you were speeding, but I believe you should have a defense here. If you make a pass your going to have to pick it up and probably over the limit to safely execute a pass. The question is was 74 too fast! I think what it will amount to is the Judges interpetation. I would probably take a chance in court on this one. Now, if there were two lanes going the same way, that bird isn't going to fly.
I'm not sure about a driving class in Ohio though, I would think they have a class. Here in Texas we have a class to take to keep it from going on your record.

 

[Uncle Meat]

I was always told that accelerating above the speed limit in order to execute a pass is never a valid reason to exceed the posted limit. My one and only speeding ticket was for this very action.

U.M.

 

[FordSVTFan]

I was always told that accelerating above the speed limit in order to execute a pass is never a valid reason to exceed the posted limit. My one and only speeding ticket was for this very action.

U.M.

There are some States where it is legal to safely exceed the speed limit to effectuate passing. Ohio isnt one of them.

OP, the problem I see is that you noted that it was dark and didnt want to cause a wreck so you exceeded the speed limit. That statement to a judge will not be taken well. You recognized that it was dangerous to do because of it being a one lane road and at night, so you drove almost 30 mph faster than the truck you were passing.

 

[COBRA_ESQ]

I was always told that accelerating above the speed limit in order to execute a pass is never a valid reason to exceed the posted limit

That's is what I thought

There are some States where it is legal to safely exceed the speed limit to effectuate passing.

Yet again I have learned something new.

 

[FordSVTFan]

Yet again I have learned something new.

Me too. A member posted a statute from out West somewhere that stated this and I did a little research and found there to be a handful of states where this is legal. However, the passing speed must be reasonable.

 

[Camaro_94]

I thought the same thing goes for the passing lane AKA left lane. I thought it was legal to do 10mph over to pass... But thats only if the right lane is occupied and you have to slow back down once theres no more cars.

 

[mnewxcv]

74, or even 72, is fast. assuming that was your peak, thats nearly 20mph over the SPEED LIMIT, so assuming the truck was going under the speed limit(giving you a reason to want to pass), you were going like 25mph at least, faster than the vehicle. cool your jets.

good luck in court though, might be an expensive lesson.

 

[FordSVTFan]

I thought the same thing goes for the passing lane AKA left lane. I thought it was legal to do 10mph over to pass... But thats only if the right lane is occupied and you have to slow back down once theres no more cars.

That is not the case in the vast majority of jurisdictions. In NY you cannot exceed the speed limit when passing.

 

[svtcop]

There are some States where it is legal to safely exceed the speed limit to effectuate passing. Ohio isnt one of them.

OP, the problem I see is that you noted that it was dark and didnt want to cause a wreck so you exceeded the speed limit. That statement to a judge will not be taken well. You recognized that it was dangerous to do because of it being a one lane road and at night, so you drove almost 30 mph faster than the truck you were passing.

This.

pm sent to OP.

Good luck .