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Know Your Rights: Sometimes You Can Legally Speed

Blazing down the freeway with no regard for the speed limit or traffic laws is a sure path to heavy fines or possibly even jail time. While traffic laws are different in every state, everyone ends up in situations where the gas pedal is a little too close to the floorboard. Although NY & NJ defensive driving courses reduce points, there are occasions where speeding is legal. These situations are reasons to push the accelerator toward the floor. If you or your attorney can prove that you were involved in one of the following predicaments than it will save you money as well as the time and trouble of dealing with traffic court or the legal system: 

When police actions force speeding

Safety for yourself or passengers

If you are forced to by another driver on the highway

If you are in a dangerous situation on the highway and must escape

If you are trapped by a threatening driver

Scenarios where speeding makes sense

Say you are driving in the left lane of a major interstate, highway or freeway. You're traveling around the posted speed limit, 65 or 70 miles-per-hour. Suddenly, a policeman, state highway patrolman or other member of law enforcement comes up rapidly behind you. They are chasing a subject or speeding to a crime scene. The right lane of the freeway is congested with other vehicles. In this situation, you could under your legal rights exceed the maximum speed limit to reach a safe position in the right lane.

Or here's another example: Perhaps you are driving down the interstate and you notice that the car to your left or right is weaving in and out of traffic or otherwise driving erratically. Maybe they are unable to maintain a constant speed and you feel the driver is altogether reckless or threatening. Again, you are entitled to accelerate your vehicle to the necessary speed to remove yourself from what is a potentially dangerous situation for you and any passengers in your vehicle.

Remember, in both instances, you must be able to prove the threat. If you have a passenger in your vehicle, ask them to use their smartphone to take photos or record video of the threatening driver. This hard evidence will help support your argument if you are pulled over by a law enforcement officer. 

Lawmen make mistakes too

If you feel you have been erroneously accused of speeding, be ready to state your case. Sometimes a law officer's radar gun will detect a driver near you, not you. Use evidence, if it's available, to prove these facts. Educate yourself. Knowing the laws in each state and each situation can turn the case in your favor. 

Perhaps someone who was driving your car earlier committed a moving violation in the morning, and the law enforcement officer decides to pull you over and issue a ticket or citation three hours later, that afternoon. If you can prove that you weren't behind the wheel of your vehicle at the appointed time, then there's a fair chance you'll be able to avoid any fines or punishment.

Also, be certain that the officer has pulled you over in the proper jurisdiction. If you live in Green County and the officer is a sheriff from Brown County, then there's a good chance that the ticket or citation he issued won't hold up in a court of law. Again, know the particulars of the rules in your particular county, city or state.  

The number one way to avoid these headaches is simply to be a safe driver who follows the rules of the road. Looking out for yourself and for others will allow you to be free of these driving related stressful situations such as courtrooms, keep you from hiring lawyers and leave your money where it belongs - in your pocket.

Yet, if you run afoul of a policeman or patrolman remember that attending a traffic school or defensive driving classes can be the first step to helping you clean up any trouble spots on your permanent driving record. Not only will it make you a safer, smarter driver out on the highways and boulevards, in some instances traffic school can enable drivers to dismiss tickets or avoid driving points.

In addition, completing a traffic school can also lead to discounts on auto insurance, which can become expensive for drivers with multiple moving violations, such as speeding or reckless driving. Most drivers leave one of these schools with a better understanding of what it takes to be a responsible member of the automobile driving community.

Views: 123

Tags: driving, laws, rights., school, speeding, traffic

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