Legal Question in Traffic Law in New York

Speeding and passing

I was driving in NY State and in a legal passing area, I passed two vehicles on the left. In order to do this, I had to exceed the speed limit of 55 mph. As soon as I returned to the right lane, I slowed down to the proper speed. I was pulled over and given a ticket for improper passing and speeding. The officer said it that one cannot pass two vehicles at once and one could not speed, even in order to pass. I'm confused because I thought I was passing legally. I know that in other states it is legal to speed in order to pass. I can't find any laws addressing my specific situation. Was what I did legal or illegal? How can I fight these tickets?


Asked on 5/24/07, 1:40 pm

3 Answers from Attorneys

Traffic Lawyer Matthew Weiss - Weiss & Associates, PC

Re: Speeding and passing

It is illegal to exceed the speed limit even when passing. With that said, there are things to do to avoid or minimize points, and avoid insurance hikes. Call me to discuss. Our goal is to make fighting this case as easy and un-complicated as possible. Thanks

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Answered on 5/24/07, 1:50 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Speeding and passing

Speeding is speeding...if it were legal to go faster, then the speed limit would be higher. That being said, depending on where you received the ticket can determine the result...that is, a possible minimization of points. email me as to what town you got the ticket in, perhaps this office might be able to assist you without you having to appear personally.

Good Luck

RRG

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Answered on 5/24/07, 2:14 pm
Robert Evans Robert S. Evans esq.

Re: Speeding and passing

In N.Y. one can not speed even when passing.That being said you may be in a position to be able, with the help of a competent criminal/traffic defense attorney,to plea bargain both charges. This would help avoid some of the points and perhaps even soften the surcharge on your insurance. I am a former Traffic Court Judge ,who defends cases such as yours on a regular basis. Please call my office @7188340087 for a free phone consultation.

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Answered on 5/24/07, 5:01 pm


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