THE truth behind the idea of keeping up with traffic – even if everyone else is speeding – has been revealed to drivers.
In a major US state, it’s perhaps common sense to know that you can still be ticketed for driving above the speed limit – although there is a legal exception.
Even if you’re driving at the same speed as others in a group of speeding cars, motorists still risk bveing pulled over[/caption]
In a US state, motorists risk fines up to $188 or even a license suspension for repeat offenses[/caption]
According to a recent report in the Bellingham Herald, Washington state law permits driving above the speed limit only when passing a slower vehicle on a two-lane highway – as long as it is both necessary and done safely.
In other scenarios, motorists risk fines up to $188 or even a license suspension for repeat offenses.
Drivers are also expected to adjust their speed based on road conditions, weather, intersections, curves, hills and narrow or winding roads.
Across the state, the default speed limits are 25 mph on city and town streets, 50 mph on country roads, 60 mph on state highways and a strict 20 mph in school zones, although speed limits can be adjusted by state or local authorities with approval.
And drivers can only exceed the speed limit to pass a slow driver, but only on highways with one lane in each direction and at a speed necessary for safe passing.
What’s more, even if you’re driving at the same speed as others in a group of speeding cars, you can still be pulled over and ticketed.
In some cases, Washington State Patrol officers may pull over just one car in a group to encourage others to slow down.
The report added that tickets range from $33 to $188, with repeat offenses possibly leading to license suspension.
Negligent driving, such as endangering others due to lack of care, carries a $250 fine, while reckless driving, which is a willful disregard for safety, is a misdemeanor punishable by up to 364 days in jail and a $5,000 fine.
Meanwhile, excessive speeding is defined as driving 10 mph over the limit in zones with limits of 40 mph or less, or 20 mph over the limit in zones with limits higher than 40 mph.
Indeed, an upcoming excessive speeding law in Washington state, known as the BEAM Act (House Bill 1596), will take effect on January 1, 2029.
It will see the introduction of Intelligent Speed Assistance (ISA) devices to curb speeding and hopefully reduce traffic fatalities.
These ISA devices use GPS to detect posted speed limits and prevent vehicles from exceeding them – similar to ignition interlock devices used for DUI offenders.
These will only apply to drivers with a history of reckless driving or excessive speeding.
They will need to use the device for 120 days after a license suspension for excessive speeding, or 150 days after a suspension for reckless driving.
Naturally, tampering with the device is seen as a gross misdemeanor and driving without it during the required period is a traffic infraction – which could extend the suspension by 30 days.
Drivers are also responsible for installation, removal and a monthly fee of $21.
In general, drivers across the state are urged to prioritize safety and drive within the posted limits, regardless of what others are doing.
How to fight a speeding ticket
According to a legally reviewed post, there are five effective strategies to fighting a speeding ticket if it was wrongfully issued.
- If pulled over and issued a ticket, drivers can argue or dispute a driver’s personal opinion. When issuing a speeding ticket, an officer is required to write their opinion and come to an “objective” conclusion. If the ticket was written based on that judgment, it can be contested. An example would be if you were going 75 mph in a 65 mph zone because others were traveling at the same speed, you could argue that it would be more dangerous to travel at 65 mph.
- You can dispute the officer’s presentation of evidence. If you were ticketed for something like running a stop sign or making an illegal u-turn, you can’t contest that if an officer saw you, but you can call things into court like eyewitnesses, diagrams, or photos.
- Argue that the ticket was issued by a “mistake of fact.” This is tricky, but a “mistake of fact” is a mistake made by a driver about a situation that was beyond their control, or if a driver legitimately did not know they were violating the law. For example, you were driving in two lanes because the lane markers were so worn down that you could not see them.
- You could say circumstances justified your driving. You could say you were speeding to pass a possibly drunk driver, or avoiding an accident by rapidly changing lanes. However, the argument won’t work if there’s proof you continued to speed after passing.
- Similar to the above, it could be argued that speeding was necessary to avoid harm. The key is to argue that if you weren’t speeding, you or someone else could have been harmed.
- Consult a traffic attorney, if all else fails. Many have free consultations to decide whether or not there’s a case.
Source: FindLaw
