How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thelawman2 Your Own Question

Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 778
Experience:  Attorney-at-Law
66887675
Type Your Legal Question Here...
Thelawman2 is online now
A new question is answered every 9 seconds

WAS GIVEN TICKET FOR IMPROPER PASSING.BY A DETECTIVE. WAS

Resolved Question:

WAS GIVEN TICKET FOR IMPROPER PASSING.BY A DETECTIVE. WAS FOLLOWING A DRILLING TRUCK DOING 19MPH IN A 45MPR ZONE WITH ABOUT 40 CARS BEHIND ME ONXXXXX VAN PULLED OUT IN PASSING ZONE AND I FOLLOWED. WE PASSED 2 CARS WITH DETECTIVE FOLLOWING TRUCK. DETECTIVE PULLS ME OVER AND ISSUES CITATION. NEVER STOPPED VAN. I WENT BACK AND TOOK PICTURES AND I WAS NOT IN VIOLATION. CANNOT BELEIVE AN OFFICER LIED TO ME. WHAT SHOULD I DO?.
Submitted: 11 months ago.
Category: Legal
Expert:  Thelawman2 replied 11 months ago.

Thelawman2 :

Thank you for your question, I will get back to you shortly

Thelawman2 :

Were you give a statutory violation number which shows which law the detective said you violated...it should be on the ticket.

Thelawman2, Attorney
Category: Legal
Satisfied Customers: 778
Experience: Attorney-at-Law
Thelawman2 and 10 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

I HAVE NOT RECEIVED AN ANSWER YET. I ACCIDENTLY RATED THE ANSWER BY HITTING THE WRONG BUTTON. PLEASE REPLY.

Customer: replied 11 months ago.

WHERE IS MESSAGE?

Expert:  Thelawman2 replied 11 months ago.
That is okay. I can still provide an answer, is there a statutory violation number on your ticket?
Customer: replied 11 months ago.

offence code is Y6 improper passing violation section no.-56-5-18YO THIS IS THE ONLY INFORMATION ON THE TICKET.

Expert:  Thelawman2 replied 11 months ago.
The statute violated is the following:

§ 56-5-1860. Limitations on overtaking on the left.


No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle.

So the officer would have to show that that the oncoming traffic is not free of oncoming traffic for a sufficient distance. Additionally, if there was vehicles within 200 feet of your passing vehicle, then the officer could also ticket you.

What you would need to do, if you are going to challenge the ticket, is take pictures of the area to show that you would be able to pass safely can also testify that there was no one approaching on the left side.
Customer: replied 11 months ago.

THE LINE WAS BROKEN FOR SOME DISTANCE ENABELING ME TO PASS SAFELY. THERE WAS NO ONCOMING TRAFFIC THAT I COULD SEE UNTIL I PASSED THE TRUCK. BUT WHY DID THE VAN NOT GET A TICKET ALSO IF I WAS WRONG? HE WAS DIRECTLY IN FRONT OF ME . ALSO THE LINE WAS SOLID WITH BROXXXXX XXXXXNES WHEN I PULLED BACK ONTO MY SIDE OF ROAD AFTER PASSING TRUCK. I NEEDED MY PARKINSONS MEDICATION BECAUSE MY RIGHT LEG WAS SHAKING BADLY AND I NEEDED TO GET HOME TO TAKE IT. THAT IS WHY I PASSED. THE DETECTIVE DID WITNESS THIS. I LIVED ONLY 5 MORE MILES. I GREW UP IN PA. IN S.C. ARE YOU PERMITTED TO TRAVEL 15 MILES UNDER THE SPEED LIMIT WITH 40 SOME CARS BEHIND YOU AND NOT PULL OVER TO LET THEM PASS SAFELY? I GREW UP IN PA AND IF YOU WERE UNDER SPEED LIMIT, YOU COULD GET A TICKET, BUT VEHICLES IN THIS SITUATION ALWAYS PULLED OFF THE ROAD.

Customer: replied 11 months ago.

I HAD MORE QUESTIONS THAT WERE NOT ANSWERED. EXPERT DID NOT RESPOND.

Customer: replied 11 months ago.

I REPLIED BELOW. DID YOU NOT GET MY MESSAGE?

Expert:  Thelawman2 replied 11 months ago.
In South Carolina, it would be improper to go unreasonably below the speed limit. However, just because the other slow driver broker the law would not provide a reasonable excuse as to why you should not be given a ticket. It is similar to when someone gets pulled over for speeding, you cannot claim that another driver was going faster than you and also speeding but did not get a ticket. If you were going to challenge the ticket, you should focus on the fact that it was safe to pass, that you were permitted to due to the dotted line, and that it was a medical emergency.
Customer: replied 11 months ago.

OK. THANK YOU FOR YOUR REPLY. I WILL CONTACT AN ATTORNEY. EXCUSE ME FOR TYPING IN CAPITAL LETTERS, I SHAKE SO BAD IT IS JUST EASIER.

Expert:  Thelawman2 replied 11 months ago.
You are welcome.
Customer: replied 11 months ago.

I WOULD LIKE TO KNOW IF YOU ARE BLOCKING TRAFFIC BY GOING 19 MPH IN A 35 MPH ZONE IS THAT CONSIDERED LEGAL? THIS TRUCK HAD2 LARGE AUGERS HANGING OFF EACH SIDE. I CALLED UTILITY COMPANY AND THEY SAID THEY ARE REQUIRED TO PULL OFF THE ROAD. THE DETECTIVE SAID " THAT IS AS FAST AS HE COULD GO." WITHOUT REALLY KNOWING.

Expert:  Thelawman2 replied 11 months ago.
Thank you for your additional question. It would be considered illegal to go at too slow of a speed such that it was unsafe.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.