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Old 06-27-2012, 04:06 AM   #26
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OP, if you're like me, you will get a half a dozen (or more) letters from traffic lawyers very soon!
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Old 06-27-2012, 04:17 AM   #27
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My car never sees first gear unless I am on a track or on a hill.
Hmm.. so you never drive off in first gear?
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Old 06-27-2012, 04:23 AM   #28
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The whole demeanor of the officer driving far below the speed limit and im not sure because you did not state it but you obviously caught his attention......what was your speed before you came into his view? If the officer was indeed going only 15 -20 in a 35mph zone and you followed him for a whole mile, you had the chance to pass him in a safe fashion during that "one mile" him unless you were in a double yellow...so im sure you were alittle frustrated at that moment (i know i would be) and dropping into 1st gear usually means your going to hammer down the throttle down> so excessive speed like that shows alittle aggression and if i was a cop i would stopped you too. Best of luck if you fight it, i know if it happened here in alaska you would have a hard time beating it based on that move you did, undercover cop or just the soccer mom you probably thought was driving you had plenty of time to pass in a safe manner. BTW sucks driving a camaro because it draws alot of attention (especially from the "man")
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Old 06-27-2012, 05:34 AM   #29
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BTW sucks driving a camaro because it draws alot of attention (especially from the "man")
No it doesn't. Breaking the law does.

BTW, the OP's story on this doesn't seem to add up right.
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Old 06-27-2012, 07:28 AM   #30
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The whole demeanor of the officer driving far below the speed limit and im not sure because you did not state it but you obviously caught his attention......what was your speed before you came into his view? If the officer was indeed going only 15 -20 in a 35mph zone and you followed him for a whole mile, you had the chance to pass him in a safe fashion during that "one mile" him unless you were in a double yellow...so im sure you were alittle frustrated at that moment (i know i would be) and dropping into 1st gear usually means your going to hammer down the throttle down> so excessive speed like that shows alittle aggression and if i was a cop i would stopped you too. Best of luck if you fight it, i know if it happened here in alaska you would have a hard time beating it based on that move you did, undercover cop or just the soccer mom you probably thought was driving you had plenty of time to pass in a safe manner. BTW sucks driving a camaro because it draws alot of attention (especially from the "man")
A little off the subject, but in PA , passing on a double yellow is illegal if it is posted no passing. If is not posted no passing you may pass if it is safe to pass. A real estate agent was late to our closing for our house. She told me where she was coming from and said traffic was moving very slowly. She told me it was a double yellow line and she could not pass. I told her she could, because it was not posted do not pass. Of course she did not believe me, so I told her to call the state police and ask them. They verified what I was saying. In my forty years driving I think I have done it twice. Hence other states may be the same.
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Old 06-27-2012, 08:24 AM   #31
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No it doesn't. Breaking the law does.

BTW, the OP's story on this doesn't seem to add up right.

Right!! just from someone on the job..... the type of car really doesn't matter.... I could care less if you in a '12 Corvette or a 1980 Cutlass Cruiser Station wagon....if your going down the road at 80 in a 55 I'm gonna stop ya and 99% of the time you are both getting a ticket.


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A little off the subject, but in PA , passing on a double yellow is illegal if it is posted no passing. If is not posted no passing you may pass if it is safe to pass. A real estate agent was late to our closing for our house. She told me where she was coming from and said traffic was moving very slowly. She told me it was a double yellow line and she could not pass. I told her she could, because it was not posted do not pass. Of course she did not believe me, so I told her to call the state police and ask them. They verified what I was saying. In my forty years driving I think I have done it twice. Hence other states may be the same.
Yeah, I am very surprised at that one....... it doesn't work that way here in DE I can assure you.

Update....by the way their statute is written especially Sec 3307...you/they were misinformed....its signs and or markings....and a solid double line indicates that the conditions are not safe to allow passing left of center in either direction. they could have called the police and gotten an untrained dispatcher instead of someone versed in traffic law
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Old 06-27-2012, 08:34 AM   #32
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Don't like to lock threads if everyone can get along...and so far, everyone for the most part is being pretty cool. I like to have conversations about this type of stuff too. Just like to have conversations where rational people can converse...and not begin to throw out all the crap they hate about officers.

Being respectful to anyone, no matter what profession, race, sex, financial status, etc etc etc can go a long way....
That is good. I just learned long ago that it's one's word against the officer's. We all should know if we are "honestly" in the wrong. I have been ticketed in the past and I acknowledge that I was indeed breaking a driving rule. I been fortunate enough to have never been wrongfully accused of breaking a law. Officers are out there to keep our streets safe and they too are human and make mistakes sometimes.
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Old 06-27-2012, 09:34 AM   #33
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OP, if you're like me, you will get a half a dozen (or more) letters from traffic lawyers very soon!


Sorry, to get totally off the subject but I just noticed the bottom grill of your car in your sig......

thats !!!!
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Old 06-27-2012, 10:12 AM   #34
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If this story is true, yes go to court. I see you are in Florida. I use to live there and dated a cop while I was there. In Florida the cop must produce proof you were speeding. I know some states do not require this but Florida does. 2 ways they do this. 1 is a radar/laser gun of course another is they will match your speed for a mile or so for an estimation. The fact that you were behind him, I guess that means he was doing this reckless speed too (smartass tone here) or hes full of it.

I usually side with the LEOs bc most of these stories are people who just got caught but if your story is true, then thats messed up and you need to fight it. And dont think the cop wont show up bc he will. They can lose their job and be held in contempt if they dont show.
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Old 06-28-2012, 12:56 AM   #35
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Sorry, to get totally off the subject but I just noticed the bottom grill of your car in your sig......

thats !!!!
Thanks Silverhawk!
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Old 06-28-2012, 12:27 PM   #36
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Ask yourself this:

Was it absolutely necessary to drop into first gear and punch it?

That's not an excuse on damp roadways to punch the accelerator to go around a person. Were there painted dual yellow lines down the center of the road? These mean no passing. Period. If someone comes to a full stop in the middle of the road, legally all you can do is honk.

I'm curious to see what comes of this, though.


False, you are allowed to pass on dual yellow lines if it is needed for safety. A vehicle going more than 10 mph under the limit is obstructing traffic and you are therefore able to pass (once it is reasonably safe to do so).
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Old 06-28-2012, 01:39 PM   #37
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False, you are allowed to pass on dual yellow lines if it is needed for safety. A vehicle going more than 10 mph under the limit is obstructing traffic and you are therefore able to pass (once it is reasonably safe to do so).
I'm not sure how the traffic code is written in Iowa, but this is the first time I have ever heard something like this.

I would be curious to see the actual code in the book that allows for this provision...
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Old 06-28-2012, 02:54 PM   #38
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False, you are allowed to pass on dual yellow lines if it is needed for safety. A vehicle going more than 10 mph under the limit is obstructing traffic and you are therefore able to pass (once it is reasonably safe to do so).
I do not know of any state that allows you to pass when there are double yellow lines for any reason.
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Old 06-28-2012, 03:15 PM   #39
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I do not know of any state that allows you to pass when there are double yellow lines for any reason.
As I said, if a vehicle is travelling slow enough, it is more dangerous to remain behind it than it is to quickly and safely pass it. This is common sense...
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Old 06-28-2012, 03:18 PM   #40
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Well, "common sense" and what's legal can sometimes be two different things
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Old 06-28-2012, 03:19 PM   #41
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Fair enough. Ok, so question is: WERE there double yellow lines on this road, or was it unmarked?
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Old 06-28-2012, 03:20 PM   #42
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False, you are allowed to pass on dual yellow lines if it is needed for safety. A vehicle going more than 10 mph under the limit is obstructing traffic and you are therefore able to pass (once it is reasonably safe to do so).

Yeah, that isn't the way our law is written either.... what they do is...the person who is traveling on a roadway where passing is not permitted yield and pull over if 5 vehicles are lines up behind it at a pace slower than the normal flow of traffic.

Now I will say it is sort of "acceptable" here that when farm equipment or the Amish are riding buggies on the road that you pass them when its safe but really you aren't supposed to go over the double yellow unless you are making a turning movement but not a pass.

The way I was always told was....if you have to cross two solid lines in the road to make a movement you shouldn't be doing it unless you a turning.....true with double yellow and painted islands.
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Old 06-28-2012, 03:27 PM   #43
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Yeah, when I made my original statement, I was making it on the assumption that the road he passed the officer on had double-yellow lines. He never refuted that assumption, though...
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Old 06-28-2012, 04:34 PM   #44
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A) Should have asked him to show you the radar gun reading.
B) Would totally take that one to court, chances are the officer won't show up anyway.


Without this you don't have a dog in the fight
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Old 06-28-2012, 05:34 PM   #45
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If is not posted no passing you may pass if it is safe to pass.
Hmm - in Georgia, we indicate that with a yellow or white dashed line. Even when the dashed line is on your side, you are expected to determine it is "safe to pass", before passing.
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Old 06-28-2012, 06:16 PM   #46
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Without this you don't have a dog in the fight


Not necessarily in all states Sarah. It is not required as part of any statute in DE. There is such a thing as "tracking" the violator during/after the violation and is valid for testimony in reference to the violation. This will not leave the violators high speed on the display. Plus having people come back to my car is a safety issue as well. I don't want to be seated in my vehicle while someone is standing over me trying to look.
I can probably count on one hand how many people I have shown the reading to in 11 yrs. Once I show them its normally a "full ride" ticket after that... its like they are calling me a liar.
As far as that goes...I normally don't pull over til you are 20 over....once in a while high teens (18 or 19) over the limit depending on traffic conditions. At that speed you know damn well you were flyin'.
I've never lost in trial or had one thrown out..... .
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Old 06-28-2012, 07:52 PM   #47
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I know in NH u can go 10mph over the limit if you a making a legal pass, but u have to immediatly return to below the limit once the pass is complete.
Amen to that !!

Op never mentioned yellow lines and I don't think that is a part of the equation here. Ticket was for reckless op not illegal passing.
Also I have many times gone over the double yellow lines with police behind me and never had a problem,how you ask? Giving extra room for pedestrians, bicyclists and most important riders of horses on the sides of the road. Police around here would rather watch people partially drive on the wrong side of the road than have to pick up a body from the road. A six year old got struck and killed a few years back on the edge of the road. I would rather pay a ticket than have to live with that.
Back to th OP,go to court and explain what happened ,but don't be surprised if it doesn't go your way.Sometimes they will reduce the speed to help reduce the fine and/or points on your license.
Good luck.
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Old 06-28-2012, 10:55 PM   #48
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Amen to that !!

Op never mentioned yellow lines and I don't think that is a part of the equation here. Ticket was for reckless op not illegal passing.
Also I have many times gone over the double yellow lines with police behind me and never had a problem,how you ask? Giving extra room for pedestrians, bicyclists and most important riders of horses on the sides of the road. Police around here would rather watch people partially drive on the wrong side of the road than have to pick up a body from the road. A six year old got struck and killed a few years back on the edge of the road. I would rather pay a ticket than have to live with that.
Back to th OP,go to court and explain what happened ,but don't be surprised if it doesn't go your way.Sometimes they will reduce the speed to help reduce the fine and/or points on your license.
Good luck.


Yeah, IMO thats totally different than totally overtaking/passing a vehicle...... can't say I would ever stop someone for that either.
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