Improper Passing

Improper Passing Ticket in Florida

In order for a vehicle to pass another vehicle proper protocol should be applied. There should be enough space to make a complete pass safely, the driver should make sure they are in a passing zone, and the driver passing should put on their blinker to inform the other driver that they are planning on coming over in their lane.

Improper passing is most commonly cited when other incidents occur from an improper pass, such as accidents. This is mostly due to the fact that an officer has to have evidence that the person driving made an illegal pass.

Making a pass on a blind spot, passing another vehicle on the right, and a pass that endangersanother person are three illegal passes that people commonly receive citations for.

Making a Blind Pass

A person is not allowed to pass another vehicle in the oncoming traffic lane when there is a spot where they cannot see the oncoming traffic. This applies to hills and curves where it would be difficult for a person to see oncoming traffic.

Pass Endangerment of Other Vehicles

Disturbing the safe passage of another vehicle that a person is passing is forbidden for drivers to do. If a pass is made that is hazardous to another vehicle it is illegal.

Passing on the Right

It is illegal to pass another vehicle on the right. There are particular circumstances where this action can be allowed such as, the other vehicle is turning left and the road is a two lane road with enough room to pass safely.

Defense Tactics for Improper Passing

Endangerment of other vehicles:

• The officer must have proof of the driver’s unsafe passing
• The offending driver must have forced another vehicle off of the road or caused an accident if the officer did not see the improper pass occur

Making a blind pass:

• Blind passing can be cited without the cause of an accident if an officer witnesses a blind pass being completed by a driver
• The officer’s judgment about the distance the driver was from the blind spot can be challenged because that matter is subjective to each individual

• There are no land markers to show how close is too close to make a pass on a hill or curve
• The officer has to provide detail regarding the entire blind pass scenario from start to finish and just like every person they could have easily made a mistake or made a poor judgment call

Passing on the Right:

• Officer must provide proof if they were not there to witness the improper pass
• Officer needs to provide proof that the driver passed another vehicle on the right in an unsafe manner if they did not witness the pass

Contact a Lawyer Who is Right for You

Call Finebloom, Haenel& Higgins today to answer all of your questions regarding your improper pass charge. Finebloom,Haenel&Higgin’s law group will answer all of your questions free of charge and ensure you the attention and quality that you need from a lawyer. We have over 30 years of experience in criminal law and have fought by the sides of thousands of defendants burdened with improper passing charges. Call us today at 1-800-FIGHT-IT (1-800-344-4848) and see what we can do for you!

David Haenel

Attorney David A. Haenel, renowned in Florida for his excellent record in criminal defense, DUI, and traffic ticket cases, and has been delivering favorable outcomes for his clients since 2000. With a law degree and a Master of Law in criminal law, his background includes a notable tenure as the State of Florida DUI Prosecutor of the Year