illegal passing

Illegal Passing

An increasing number of motor vehicle drivers in the state of Georgia are on the rush. Many times these drivers tend to not worry about the consequences speeding because these drivers do not believe that they will be injured to such a degree that they will be left unable to drive. A talented attorney is often essential to making sure that individual’s case resolves in the best potential manner. If you have been charged with illegal passing in the state of Georgia, it is also often a wise idea to retain the services of a skilled attorney.

Applicable Law Regarding Illegal Passing in the State of Georgia

The state of Georgia established no passing zones for the benefit of oncoming vehicles traveling in the opposite direction as well as for motor vehicle operators who are being passed.

No passing zones must be clearly marked by a soldier barrier line placed on the right hand of a combination strip along the center lane line by a solid double yellow line. In properly defined, no passing zones, motor vehicle drivers are prohibited from at any time driving on the left side of the road or pavement strip indicating that the area is a no passing zone.

A Georgia law enforcement officer who issues a citation must have evidence of a motor vehicle driver’s act of illegal passing. The motor vehicle driver must have caused an accident or forced another vehicle off the road in the event that the law enforcement officer issuing the citation did not directly see the accident occur.

Passing on the Left

Laws in that state of Georgia prohibit passing on the left unless the left side is clearly visible of any oncoming traffic for a sufficient enough period of time and distance so that passing a vehicle can be made without interfering with any vehicle on the road.

Passing on the Right

There are particular laws regarding passing a motor vehicle on the right. A motor vehicle operator is only permitted to pass another vehicle that is coming from the right in two ways. Either when the vehicle is making or about to perform a left turn or the motor vehicle driver is positioned on a street or highway with two or more lanes that are headed in the same direction as the vehicle passing.

The Consequences of Illegal Passing in Georgia

Individuals who are charged with illegal passing face a variety of penalties. Motor vehicle drivers can be charged with three points being placed on the individual’s driver’s license. The accumulation of fifteen or more points on an individual’s driver’s license within a twenty-four month period can result in an individual’s driver’s license being suspended. Individuals can also expect their insurance rates to increase as the result of an illegal passing charge.

Law enforcement might also use an illegal passing charge as the passing for stopping a motor vehicle operator’s vehicle, which can eventually result in driving under the influence or reckless driving charges.

In addition to these various penalties, motorists who have been charged with illegal passing might be sued in a civil court of law by individuals who were injured due to this driving behavior.

Defenses to Charges of Illegal Passing

Fortunately, there are several potential defenses available for individuals who wish to argue against a citation of illegal passing.

If the illegal passing occurred in a no-passing zone, individuals are sometimes able to raise the defense that the individual was not aware that the area was a no passing zone due to roadside conditions. Opposing counsel is likely to respond to this particular defense by arguing that regardless of road conditions the individual should have been aware of the area where passing is prohibited.

Another defense that individuals are sometimes able to raise is that the individual was in an emergency situation and performed illegal passing to avoid a collision or accident. A skilled attorney is often able to help motor vehicle operators in this situation argue that it was in the driver’s best interest to enter the other lane.

Advice for Motor Vehicle Drivers to Safely Pass Other Vehicles

There are several important tips that motor vehicle drivers in the state of Georgia should follow in order to make sure that the motorists safely pass other individuals. These safety precautions include the following:

  • Avoid Flashing Headlights. Motor vehicle drivers should avoid flashing bright lights at other motorists to signal an intention to pass.
  • Check Conditions. Vehicle drivers should signal and check both their rearview and side view mirrors before changing lane. Motor vehicle drivers should also check their blind spots.
  • Complete the Pass As Quickly As Possible. When a motor vehicle driver notices that an entire vehicle is in the individual’s rear-view mirror, it is a wise idea to signal the individual’s intention to return the original lane.
  • Do Not Exceed The Posted Speed Limit. It is against the law to speed even when an individual is passing another motor vehicle.
  • Know Your Vehicle. Motor vehicle operators should know the speed and acceleration abilities of a vehicle and be able to estimate the speed of the vehicle that the individual plans on passing.
  • Stay Behind Vehicles You Want to Pass. Prior to passing a vehicle, motor vehicle drivers should follow this tip in order to obtain a good idea of the roadside conditions ahead.
  • Watch for Intersections. Motor vehicle operators must always avoid passing other motor vehicle drivers while in an intersection.

By following these safety precautions, motor vehicle drivers can greatly reduce the chances of an illegal passing accident occurring.

Obtain the Services of a Skilled Accident Attorney

For motor vehicle drivers in the state of Georgia who have been charged with illegal passing, it is often a wise idea to retain the services of a skilled legal counsel. The legal team at Yeargan, Barber & Kert is particularly experienced at helping individuals respond to illegal passing charges. Do not hesitate to contact our firm today to stop worrying about your case.

Fighting a DUI case? We Can Help!