In Washington State you MAY temporarily exceed the posted speed limit if the vehicle in front of you is impeding the normal and reasonable flow of traffic.
RCW 46.61.425 states:
(1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable flow of traffic [and] a person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit…at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety.
This defense is not a myth.
Most people have heard this statement and believe that it is a myth. This is a legitimate defense to a speeding ticket that is rarely used in traffic court. This only applies on a two lane road, one in each direction. Often police will cite a driver and they don’t care when the driver explains that he was just completing a pass. The Officer will just typically tell he driver to take it up with the Judge. It is a hassle, but you need to contest these infractions in Court.
At Witt Law Group, our attorneys have been handling infractions and speeding tickets in Kitsap, Pierce and Jefferson Counties for 14 years. We have Offices in Bremerton and Gig Harbor for your convenience. We can be reached afterhours or on the weekends, and we always offer free consultations. Click HERE to fill out our online contact form. We handle traffic defense, criminal defense and personal injury cases. Ryan Witt has handled thousands of infractions over his career and would be glad to assist you with your case. Good luck with your infraction!