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beast1333
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Exceeding Speed Limit To Pass - Isn't It Allowed?

by: beast1333 on

Hello all,


I recently got a ticket for 10 km/h over the speed limit (70 in a 60 zone).

However, this was only due to an acceleration to pass the car on my left.


There was a police cruiser pulled over on the right lane, and the car in the left was moving very slowly 50 km/h in a 60, with many vehicles behind him in queue. The most efficient thing for me to do, instead of coming to a complete stop to get into the left, was to accelerate to 65-70 and pass the driver in the left to clear the cop in the right lane.


The cop in the right lane was about 200 metres or so ahead of me so there was no real danger of me hitting the cop. He was well far ahead. From when I had passed and switched to the left, I had been driving for 10 seconds or so until I actually reached him.


Lo and behold there was another cop hidden in a hidden driveway with a radar gun who walked over to signal me to pull over.


I got the ticket for 10 km/h over, BUT TO MY KNOWLEDGE I THINK WE ARE ALLOWED TO ACCELERATE 10 KM/H OR SO ABOVE THE SPEED LIMIT WHEN PASSING. IN THIS CASE I HAD TO PASS, AS COMING TO A COMPLETE STOP SO FAR AWAY FROM THE INCIDENT WAS UNREALISTIC and inefficient driving.


Can anybody help me please? My court date is in about 2 hours lol...

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FyreStorm
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by: FyreStorm on

Agreed, you can go up to the maximum to pass slow traffic, not 30 over to pass the guy doing the limit.

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by: Radar Identified on

Marquisse wrote:It's too bad the left lane bandit didn't get ticketed as well.

+1

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
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hwybear
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by: hwybear on

Radar Identified wrote:
Marquisse wrote:It's too bad the left lane bandit didn't get ticketed as well.

+1


Unless the left lane person saw the cruiser (lights on or not) and being responsible moved over to the left lane and slowed down to avoid the vehicle on the shoulder.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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Bookm
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by: Bookm on

hwybear wrote:
Radar Identified wrote:
Marquisse wrote:It's too bad the left lane bandit didn't get ticketed as well.

+1


Unless the left lane person saw the cruiser (lights on or not) and being responsible moved over to the left lane and slowed down to avoid the vehicle on the shoulder.


You try to do the right thing and you STILL get hosed.

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hwybear
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by: hwybear on

Bookm wrote:
hwybear wrote:
Radar Identified wrote:

+1


Unless the left lane person saw the cruiser (lights on or not) and being responsible moved over to the left lane and slowed down to avoid the vehicle on the shoulder.


You try to do the right thing and you STILL get hosed.


If the vehicle can not move to the left, (not safe to do so), the option is to slow down, "not" accelerate as indicated in this situation

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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Bookm
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by: Bookm on

beleafer81 wrote:Yes, and isn't it technically illegal ... flash your high beams at a left lane hog?

Is this true?? I follow the well-understood and accepted European practice of flicking the high-beams at left lane slugs ALL THE TIME (and it usually works). I never once thought it might be illegal :shock:

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hwybear
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by: hwybear on

Last I checked my passport does not say Europe :wink:


It is an offence when headlights have to be on....from "fail to use lower beam - following" (3pts) to..., if someone was so blinded it caused them to swerve out of their lane "careless driving (6pts)".


Yes, I obtained a conviction on the careless in court on it, I was blinded so bad could not see, guess the person did not realize it was a cruiser in front of him :shock: ...not too mention following too close and original speed.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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by: Radar Identified on

hwybear wrote:guess the person did not realize it was a cruiser in front of him

Did he need "POLICE" written bigger on the back of the car? Or maybe the large light deck on the roof might've been another clue.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
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hwybear
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by: hwybear on

Radar Identified wrote:
hwybear wrote:guess the person did not realize it was a cruiser in front of him

Did he need "POLICE" written bigger on the back of the car? Or maybe the large light deck on the roof might've been another clue.


oops...unmarked cruiser, but was still a Crown Vic, 2 antennas, light bar across back window, "bumble bee" sticker (should have seen that the driver was so close)

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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Bookm
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by: Bookm on

No, I don't go all nuts with the high beams or anything. Just a a few gentle flicks of the brights (which I also do when passing a car).


This is all standard practice in Europe. Too bad we can't incorporate some of their driving etiquette. Here, a flick of the brights is apt to get you a face full of brake lights instead of the courtesy of moving right.

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by: Radar Identified on

hwybear wrote:oops...unmarked cruiser, but was still a Crown Vic, 2 antennas, light bar across back window, "bumble bee" sticker (should have seen that the driver was so close)

Well at least that's not as spectacularly idiotic as doing that with a marked cruiser, but 2 antennae plus bumble bee sticker on a Crown Vic are a dead giveaway, plus tinted windows I'm assuming? It's all but saying "POLICE." It's not like they're hard to pick out, either. I've picked them out over 2 km away.


Bookm wrote:Here, a flick of the brights is apt to get you a face full of brake lights instead of the courtesy of moving right.


Or the finger... Germany is really strict on lane discipline (and many other things). Parts of the Autobahn have no speed limit, but the Polizei enforce all laws on the books. I still remember the sign on the Autobahn. It featured a very stern-looking officer with his arms crossed, along with the translation: "WE ARE WATCHING YOU." :shock:


That said, there are some places in NA where people will move out of the way for faster-moving traffic. In Canada, most of Alberta and Saskachewan, people will move right if a faster-moving car approaches; in the US, same thing in places like Wyoming, Montana, Colorado, etc. I've actually come up on other vehicles in Montana on two-lane highways and had them signal right and pull onto the paved shoulder.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
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