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Old 10-19-2018, 02:23 PM
 
Location: Brackenwood
9,981 posts, read 5,684,706 times
Reputation: 22138

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Quote:
Originally Posted by BeauCharles View Post
Everyone has had someone pull that when trying to pass them. I have more times than I can count in 40 years of driving. You just drop back, pull in and let them be a jerk and hopefully take the ticket you avoided. Going 71 in a 45 zone isn't the right answer. I know it sucks and I know it must gall you that the other driver got away with it and was probably laughing when you got pulled over. Sometimes life isn't fair. Explain it to the judge and as you hopefully you will just get traffic school, but I wouldn't bet on it.
He probably doesn't want to explain anything to the judge if he's looking to get into a traffic school program. I won't claim to be familiar with court procedure in NC, but most jurisdictions reserve that option for people who plead guilty, and the court is only interested in your explanation if you plead not guilty.
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Old 10-19-2018, 02:25 PM
 
Location: Homeless
17,717 posts, read 13,539,319 times
Reputation: 11994
Quote:
Originally Posted by BeauCharles View Post
Everyone has had someone pull that when trying to pass them. I have more times than I can count in 40 years of driving. You just drop back, pull in and let them be a jerk and hopefully take the ticket you avoided. Going 71 in a 45 zone isn't the right answer. I know it sucks and I know it must gall you that the other driver got away with it and was probably laughing when you got pulled over. Sometimes life isn't fair. Explain it to the judge and as you hopefully you will just get traffic school, but I wouldn't bet on it.
Agreed, which I believe that’s what it will come down too hopefully my driving record history will help out here.
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Old 10-19-2018, 02:48 PM
 
4,952 posts, read 3,057,967 times
Reputation: 6752
Quote:
Originally Posted by reed067 View Post
I did start to slow down after I passed her everything thing I did was within reason, admittly I did go faster then I should of not really being aware of how fast I was going. I admit too that, just wasn’t aware of said law seems foolish if you ask me. Trying to make sure I have more then enough space to pass and then and pass her to get out of the way of on coming traffic.

I dug, and dug in your state under motor vehicle statutes.
There is nothing in North Carolina covering speed while passing on the left, unlike the state of Washington link posted.
However, the officer probably ticketed you based on this; which is in the statute:

North Carolina’s basic speeding law prohibits driving at a speed that is “greater than is reasonable and prudent under the conditions then existing."
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Old 10-19-2018, 02:51 PM
 
Location: NW San Antonio
2,982 posts, read 9,836,992 times
Reputation: 3356
Quote:
Originally Posted by reed067 View Post
Who did I put in danger? the on coming traffic was a good bit down the road it wasn’t until the other driver accelerated everything was fine . The road was clear I had Excellent visibility even the weather was good, so who again did I put in danger?

A lot of IFs in your post.
You could have put many people in danger, even yourself.

The gamble was bigger on your part. The speed limits were put into place to protect us all. You feel because nothing happened that time, that it was ok, and should have been legally just forgotten. I can create several scenarios where someone or yourself could have easily gotten hurt. YOur justification is, no one did. BUT several times daily it doesn't work that way. The ENDS DO NOT JUSTIFY THE MEANS.

Left Lane Not Legally a Passing Lane in North Carolina
North Carolina does not have an impeding traffic law and
there are no minimum speed limits posted on North Carolina interstates.


You weren't boxed in, you had other options. You and your supporter, "Bitey" believe that you were forced into the passing lane, forced to speed up, forced to compete with the other driver. none of this is true. You made the decision to stay there, to speed up, to race. No matter faster or slower, the other driver had the right of way. You were wrong. You deserve the ticket. Own it, and go ask for the PJC.
(A "PJC" means a Judge continues judgment so that no finding of guilt is entered into the Court record. Usually the defendant is still responsible for Court costs, which are around $190.)
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Old 10-19-2018, 02:58 PM
 
Location: Brackenwood
9,981 posts, read 5,684,706 times
Reputation: 22138
Quote:
Originally Posted by sinsativ View Post
You and your supporter, "Bitey" believe that you were forced into the passing lane, forced to speed up, forced to compete with the other driver.
Why bother lying about what I said when there's a written record of everything I've stated about the issue right here in the thread for everyone to review for themselves? When you have to flat-out lie about someone else's position to bolster your own, that's a sign you need to re-evaluate the certitude of your position.
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Old 10-19-2018, 02:58 PM
 
Location: NW San Antonio
2,982 posts, read 9,836,992 times
Reputation: 3356
Quote:
Originally Posted by Bitey View Post
How do you know that's the best course of action when dealing with a clearly belligerent driver? The answer is you don't in this specific instance, at least not based on the available information.
It scares me to know there are people on the road who believe it's "100% legal" to speed up and box someone out who's trying to pass you. Good God.
Clearly belligerent? Assumption. But, two wrongs don't make it right, therefore, his ticket stands.
The answer is you don't know either, therefore, the SMART thing to do would have been to suck up the EGO, slow down and get behind the other car til passing was safe/legal.

It scares me to know there are people like you that feel you are being boxed in when you have choices also. Defensive driving is not just a tactic to avoid having something put on your driving record. It's supposed to educate you to being a better driver, not faster, more belligerent, nor more dangerous. The OP's actions were dangerous, not justified at all.
Never stated your ASSUMPTION about it being "100%" legal to speed up, you jumped to that all by yourself. I stated the OP had options, he chose the wrong one, and got a 100% legal ticket for speeding.
Yes, and God is Good. Nice of you to recognize that in your response.
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Old 10-19-2018, 03:03 PM
 
Location: NW San Antonio
2,982 posts, read 9,836,992 times
Reputation: 3356
Quote:
Originally Posted by Bitey View Post
Why bother lying about what I said when there's a written record of everything I've stated about the issue right here in the thread for everyone to review for themselves? When you have to flat-out lie about someone else's position to bolster your own, that's a sign you need to re-evaluate the certitude of your position.
Son, I don't lie. nor exaggerate with presumptuous vocabulary to enhance my position.
He was wrong, you backed his position, you're wrong also. He got ticket. He's going to court. Facts.
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Old 10-19-2018, 03:34 PM
 
Location: Central Virginia
6,562 posts, read 8,396,092 times
Reputation: 18804
Quote:
Originally Posted by Bitey View Post
It scares me to know there are people on the road who believe it's "100% legal" to speed up and box someone out who's trying to pass you. Good God.
It scares me that there are people on the road who think it’s okay to exceed the speed limit by 26+mph while driving on the wrong side is the road.

OP didn’t say if there we cars behind the jerk that prohibited him from safely backing off and getting back in the correct lane. I’d be interested to know if that was the case. Nonetheless, OP got a speeding ticket and he admittedly was speeding.

Quote:
Originally Posted by BeauCharles View Post
Everyone has had someone pull that when trying to pass them. I have more times than I can count in 40 years of driving. You just drop back, pull in and let them be a jerk and hopefully take the ticket you avoided. Going 71 in a 45 zone isn't the right answer. I know it sucks and I know it must gall you that the other driver got away with it and was probably laughing when you got pulled over. Sometimes life isn't fair. Explain it to the judge and as you hopefully you will just get traffic school, but I wouldn't bet on it.
Exactly. We’ve all come across jerks, at one time or another, who speed up when we attempt to pass them. The safest course of action is not to engage.
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Old 10-19-2018, 03:59 PM
 
2,211 posts, read 1,574,375 times
Reputation: 1668
Quote:
Originally Posted by Parnassia View Post
You got the ticket because you insisted on doing what YOU wanted to do regardless of conditions, regardless of what was deemed a reasonable speed on that stretch of road, regardless of another driver no matter how irritating, and because you had to reach 30 mph over the limit in order to do it! That other driver wasn't crawling. You were driving recklessly and not getting a handle on your impatience. They care about curbing your behavior before you hit someone head on.

Oh, you're not another Texas Horse Woman, are you?


OP, go to court and take the plea.
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Old 10-19-2018, 04:05 PM
 
2,211 posts, read 1,574,375 times
Reputation: 1668
Quote:
Originally Posted by Bitey View Post
He probably doesn't want to explain anything to the judge if he's looking to get into a traffic school program. I won't claim to be familiar with court procedure in NC, but most jurisdictions reserve that option for people who plead guilty, and the court is only interested in your explanation if you plead not guilty.

Yes. Not familiar with other states, but if this was NJ:


- Plead Guilty
- Plead Guilty with an Explanation
- Plead Not Guilty.


Pleading Guilty and Pleading Guilty with an Explanation are virtually the same thing, whatever Explanation you give is hoping for the Judge to take it easy on you. In New Jersey Municipal Court, there is only the decision of the Judge and it is 6 Jurors, not 12, if you elect to have a full-blown trial (which almost never happens, they would rather dismiss before doing that. Probably due to cost.)


Pleading Not Guilty... BEFORE YOU EVEN SEE THE JUDGE, the Prosecutor will probably offer a "no points" 39:4-97.2 which can be used "twice in five years for moving violations." Newsletter NJ Laws by Kenneth Vercammen, Esq.: November 2009 and https://www.avvo.com/legal-answers/h...o-2343871.html - The first answer from Mr. Vercammen.


Therefore, there is not even the opportunity presented to plead:


-Guilty
- Guilty With An Explanation
- Not Guilty


- because you have Pled Guilty to the Amended Charge, of 39:4-97.2.



With a record like yours, it will get downgraded to something light.


Unless you do something so egregious that the Prosecutor decides to make an example out of you.


Sounds like you could have gotten charged with Reckless Driving.


Let us know how it goes, I know NJ I don't know NC, TX, or AK.
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