drivesideways46 said:
Um....WRONG!!!
You do realize that the standard police answer is to that situation, don't you?
"If you had to break the speed limit to make the pass, you didn't need to make the pass."
I`ll have to correct you on that one-You have nothing to do w/the COP,you present your case at the Court w/the facts........In his Case if the other vehicle was driving too slow and was causing a danger to the normal flow his "SPEEDING" was per se JUSTIFIED(meaning he was avoiding being rearended if he started braking-depending on the situation offcourse)
Here`s a copy from the California Vehicle Code for the Basic Speed Law ,
CVC 22350, states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property.
"Section (b) of Speed Law Violations, CVC 22351, states: "The speed of any vehicle upon a highway in excess of the prima facie speed limits...or established as authorized in this code (includes the 65mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing"
The Minimum Speed Law states:"No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic...."
GREYFOX4INCH said:
no matter how good your excuse is, if you admit you broke the law. you lose!
TRUST ME
Disagree w/that statement either........you are INNOCENT Untill proven GUILTY so if you are driving in a 65 MPH zone @66Mph you are as guilty as you are to drive @100Mph
,so the JUDGE must see you as INNOCENT-otherwise he will be braking his CODE OF ETHICS, that`s why there are laws that Prohibit even the Police to misuse their equipment (CARS, RADARS etc)so if you don`t implement them into your case the COURT will always win.
In my case the CHP didn`t use his Red lights and Siren in the pursuit untill he caught up w/me-so he was basically "SPEEDING" unlawfully-they are EXEMPT from speeding if they don`t use their RED LIGHTS AND SIRENS in a Pursuit of a Suspect or a potential Lawbreaker