Improper Passing in Florida
What is Improper Passing?
Every person has passed another vehicle while driving at some point in their life. In order to pass another vehicle while driving a person is supposed to signal their blinker, check their blind spot, check their mirrors and make sure there is enough room to safely pass another vehicle.
When a driver does not follow the proper protocol for making a pass they can be charged with improper passing. Improper passing is most commonly cited when other incidents occur from the pass, such as accident or injury.
Types of Improper Passing
There are three main types of improper passes that people frequently do that get them an improper passing citation. These three improper passes are as follows:
Passing on the Right
It is usually illegal to pass another vehicle on the right. The only case in which this allowed is when the other vehicle is turning left and the road is a two lane road with enough room to pass safely.
Making a Blind Pass
It is illegal and unsafe for a person to pass another vehicle in the oncoming traffic lane when there is a spot where the driver cannot see the oncoming traffic. For example if a driver was at the bottom of a hill or on a bendy road where they could not see oncoming traffic in the opposite direction.
Passing that leads to Endangerment of Other Vehicles
Most people have been ‘Cut Off’ while driving and this is actually an improper pass that can be cited if seen by an officer. Disturbing the safe passage of another vehicle is illegal for any driver to do.
Defense Tactics for Improper Passing
When it comes to an improper pass charge from passing on the right, an officer must provide proof of the improper pass if they were not there to witness the crime being committed. The majority of the time an officer did not witness the pass and therefore has little proof against the defendant.
In regards to a person being charged for making a blind pass there are several different defense tactics that can be used. For starters, there are no signs or signals that show how close is too close to make a pass on a hill or curve and an officer who charges an individual for improper passing will be basing their accusation on their opinion. In addition, the accusing officer has to provide detail regarding the blind pass made from start to finish and they can make a mistake.
In regards to endangerment of other vehicles, the officer must have proof of the driver’s unsafe passing if an accident or property damage did not occur.
Contact a Criminal Defense Attorney Today
Call our firm today and let us help you with your improper pass charge. We will answer all of your questions free of charge and ensure you the attention and aggression that you need from a lawyer. We have 10 years of experience in criminal law and have aggressively fought numerous cases throughout the years regarding traffic violations. Call us today at 1-800-FIGHT-IT (1-800-344-4848) and see what we can do for you!
