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Thelawman2
Thelawman2, Attorney
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Experience:  Attorney-at-Law
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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: 3 years ago.
Category: Legal
Expert:  Thelawman2 replied 3 years 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.

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Customer: replied 3 years ago.

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

Customer: replied 3 years ago.

WHERE IS MESSAGE?

Expert:  Thelawman2 replied 3 years ago.
That is okay. I can still provide an answer, is there a statutory violation number on your ticket?
Customer: replied 3 years ago.

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

Expert:  Thelawman2 replied 3 years 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 3 years 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 3 years ago.

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

Customer: replied 3 years ago.

I REPLIED BELOW. DID YOU NOT GET MY MESSAGE?

Expert:  Thelawman2 replied 3 years 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 3 years 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 3 years ago.
You are welcome.
Customer: replied 3 years 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 3 years 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.

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