+1 for Chesterfield's Barney Fife

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  • MickeyBlueEyes

    Sharpshooter
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    8   0   0
    Jan 29, 2009
    326
    18
    BFE, Indiana
    I was pulled over this weekend for passing a vehicle on the street. I was told that I couldn't break the speed limit to pass a vehicle. I actually verbalized what came into my brain, and reminded him that if that was the case, why do driving instructors for drivers education tell us that we need to double our speed to effectively pass a vehicle. I then sat and waited while he ran my plates, my LTCH and everything else. One of the Officers that I work with in a neighboring town overheard the radio traffic and gave the Barney a call on the radio. The Officer that I was pulled over by came back to the truck and said don't pass people in town anymore. It was a dotted white line and the traffic laws state that you can pass a vehicle in your lane of travel on a dotted white line or a country road, but I let it go at a Thank You and Drove Off. He never once asked me to show him my weapons or anything else and he was very respectful about the whole moment. He also didn't do the "Oh, you have a gun, I'm going to search your vehicle" thing...
     

    cschwanz

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    1   0   0
    Oct 5, 2010
    941
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    Fort Wayne
    Glad he didn't harass you for the LTCH.

    But yea technically, you have to obey the speed limit even when passing vehicles. If you can't pass within the speed limit, you shouldn't be passing.
     

    actaeon277

    Grandmaster
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    4   0   0
    Nov 20, 2011
    93,521
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    Merrillville
    I've been in traffic court and watched the judge ask the defendant to please state the law allowinmg you to break the speed limit when passing. Because it is common when no cops are there, doesn't make it legal.

    Good to hear you weren't hassled about carrying.
    Are U prepared for that?
     

    Tin Cup

    Marksman
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    2   0   0
    Feb 14, 2009
    265
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    Michiana
    Officer I learned in drivers ed that I had to double my speed to pass. Limit is 65 x 2 = 130 MPH. When would that ever sound like a good idea?
     

    Relatively Ninja

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    0   0   0
    Mar 30, 2011
    394
    18
    Indianapolis
    Officer I learned in drivers ed that I had to double my speed to pass. Limit is 65 x 2 = 130 MPH. When would that ever sound like a good idea?

    It only sounds like a good idea in a couple of very specific situations. Like if that particular day ends with the letter Y. Or if you're just a little bored. :D
     

    MickeyBlueEyes

    Sharpshooter
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    8   0   0
    Jan 29, 2009
    326
    18
    BFE, Indiana
    Officer I learned in drivers ed that I had to double my speed to pass. Limit is 65 x 2 = 130 MPH. When would that ever sound like a good idea?

    Basically, since I was quoting from memory of something I was taught nigh on 22 years ago; and yup, I'm just a young pup in years, but not in life experience, I brought that up for my logical defense. I looked it up in the BMV Driver's Manual tonight, and it says that you have to accelerate faster than the car you are passing now, which I'm sure is still over the speed limit. But hey, I will gladly argue the point in court with a judge too. Why teach it to people if it's wrong???? That's my only problem. It also doesn't say crap about not being able to pass someone in town with a dotted white line. In fact, that situation is one of the few places where passing is acceptable. But, I was relating to a decent thing in the O.P. when I wrote this and not some boondoggle that people can nitpick...

    If I want to be haggled by Buttholes, I will go to the restroom and be haggled my own... Hahahaha This Post is a Butthole Free Zone...
     
    Last edited:

    MickeyBlueEyes

    Sharpshooter
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    8   0   0
    Jan 29, 2009
    326
    18
    BFE, Indiana
    Glad he didn't harass you for the LTCH.

    But yea technically, you have to obey the speed limit even when passing vehicles. If you can't pass within the speed limit, you shouldn't be passing.

    Also, I didn't see that in the current rendition of the driver's manual either. It just says that you have to abide by posted speeds. Which is a big gray area for me... since I live in the country and the roads aren't posted. There is an implied 55mph but no postings. Every once in a while, I will follow a sheriff's deputy on the country roads to see how fast their implied speed limit is without their lights on and they have gone well over 70 on country roads. Since there is a flow of traffic implied rule and all that, I just keep up with the guy ahead of me in the police car until he puts on his lights... then I back off.
     

    Timjoebillybob

    Grandmaster
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    1   0   0
    Feb 27, 2009
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    Basically, since I was quoting from memory of something I was taught nigh on 22 years ago; and yup, I'm just a young pup in years, but not in life experience, I brought that up for my logical defense. I looked it up in the BMV Driver's Manual tonight, and it says that you have to accelerate faster than the car you are passing now, which I'm sure is still over the speed limit. But hey, I will gladly argue the point in court with a judge too. Why teach it to people if it's wrong????

    From IC
    IC 9-21-5-2
    Maximum speed limits
    Sec. 2. Except when a special hazard exists that requires lower speed for compliance with section 1 of this chapter, the slower speed limit specified in this section or established as authorized by section 3 of this chapter is the maximum lawful speed. A person may not drive a vehicle on a highway at a speed in excess of the following maximum limits:
    (1) Thirty (30) miles per hour in an urban district.
    (2) Fifty-five (55) miles per hour, except as provided in subdivisions (1), (3), (4), (5), (6), and (7).
    (3) Seventy (70) miles per hour on a highway on the national system of interstate and defense highways located outside of an urbanized area (as defined in 23 U.S.C. 101) with a population of at least fifty thousand (50,000), except as provided in subdivision (4).
    (4) Sixty-five (65) miles per hour for a vehicle (other than a bus) having a declared gross weight greater than twenty-six thousand (26,000) pounds on a highway on the national system of interstate and defense highways located outside an urbanized area (as defined in 23 U.S.C. 101) with a population of at least fifty thousand (50,000).
    (5) Sixty-five (65) miles per hour on:
    (A) U.S. 20 from the intersection of U.S. 20 and County Road 17 in Elkhart County to the intersection of U.S. 20 and U.S. 31 in St. Joseph County;
    (B) U.S. 31 from the intersection of U.S. 31 and U.S. 20 in St. Joseph County to the boundary line between Indiana and Michigan; and (C) a highway classified by the Indiana department of transportation as an INDOT Freeway.
    (6) On a highway that is the responsibility of the Indiana finance authority established by IC 4-4-11:
    (A) seventy (70) miles per hour for:
    (i) a motor vehicle having a declared gross weight of not more than twenty-six thousand (26,000) pounds; or
    (ii) a bus; or
    (B) sixty-five (65) miles per hour for a motor vehicle having a declared gross weight greater than twenty-six thousand (26,000) pounds.
    (7) Sixty (60) miles per hour on a highway that:
    (A) is not designated as a part of the national system of interstate and defense highways;
    (B) has four (4) or more lanes;
    (C) is divided into two (2) or more roadways by:
    (i) an intervening space that is unimproved and not intended for vehicular travel;
    (ii) a physical barrier; or
    (iii) a dividing section constructed to impede vehicular traffic; and
    (D) is located outside an urbanized area (as defined in 23 U.S.C. 101) with a population of at least fifty thousand (50,000).
    (8) Fifteen (15) miles per hour in an alley.
    As added by P.L.2-1991, SEC.9. Amended by P.L.92-1991, SEC.2; P.L.1-1993, SEC.56; P.L.151-2005, SEC.2; P.L.1-2006, SEC.163.

    Notice the bold, there is no exception for passing.

    Also, I didn't see that in the current rendition of the driver's manual either. It just says that you have to abide by posted speeds. Which is a big gray area for me... since I live in the country and the roads aren't posted. There is an implied 55mph but no postings.

    The limits don't actually have to be posted for the most part. You are required to know the law. See above for the general limits. They can be lower in some cases.
     

    Tin Cup

    Marksman
    Rating - 100%
    2   0   0
    Feb 14, 2009
    265
    16
    Michiana
    It only sounds like a good idea in a couple of very specific situations. Like if that particular day ends with the letter Y. Or if you're just a little bored. :D

    Naa. It still does not sound like a good idea. It sounds FUN. And we all know that there are lots of things that may sound fun, but are definitely bad ideas. Secretaries, wife's sister, the good looking neighbor woman, just to name a couple. :)
     

    NDguido

    Sharpshooter
    Rating - 0%
    0   0   0
    Feb 13, 2010
    309
    18
    Nappnee, Indiana
    Basically, since I was quoting from memory of something I was taught nigh on 22 years ago; and yup, I'm just a young pup in years, but not in life experience, I brought that up for my logical defense. I looked it up in the BMV Driver's Manual tonight, and it says that you have to accelerate faster than the car you are passing now, which I'm sure is still over the speed limit. But hey, I will gladly argue the point in court with a judge too. Why teach it to people if it's wrong???? That's my only problem. It also doesn't say crap about not being able to pass someone in town with a dotted white line. In fact, that situation is one of the few places where passing is acceptable. But, I was relating to a decent thing in the O.P. when I wrote this and not some boondoggle that people can nitpick...

    If I want to be haggled by Buttholes, I will go to the restroom and be haggled my own... Hahahaha This Post is a Butthole Free Zone...

    Well, of course you have to go faster than the car you're passing. The point is that if that car is already going the speed limit, you have no business passing it in the first place.
     

    Faine

    Expert
    Rating - 100%
    4   0   0
    Feb 2, 2012
    1,116
    38
    Indy (South Side)
    Also, I didn't see that in the current rendition of the driver's manual either. It just says that you have to abide by posted speeds. Which is a big gray area for me... since I live in the country and the roads aren't posted. There is an implied 55mph but no postings. Every once in a while, I will follow a sheriff's deputy on the country roads to see how fast their implied speed limit is without their lights on and they have gone well over 70 on country roads. Since there is a flow of traffic implied rule and all that, I just keep up with the guy ahead of me in the police car until he puts on his lights... then I back off.

    Whoa.. wait a second, there are speed limits in the country?

    Oops.. I's didn't knows that!

    Which, if my drivers-ed from 1996 is still correct will leave you at 55mph, legally, 110 to pass, if your truck will go that fast. Based on the IC above 55 is the magic number for an unmarked country road, I personally have never exceeded that on a country road, when I get the chance to drive out in the country I take my time and soak in nature. Happy trails!
     

    Hammerhead

    Master
    Rating - 0%
    0   0   0
    Jul 2, 2010
    2,780
    38
    Bartholomew County
    From IC


    Notice the bold, there is no exception for passing.



    The limits don't actually have to be posted for the most part. You are required to know the law. See above for the general limits. They can be lower in some cases.


    Tell that to the woman who decided that passing me in a no passing zone was a good idea because my 40 in a 40 on my motorcycle was not good enough, thereby crossing into the path of another motorcycle headed in the opposite direction. :dunno:
     

    doctrpt

    Sharpshooter
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    4   0   0
    Jan 16, 2012
    348
    16
    Cope, IN
    Tell that to the woman who decided that passing me in a no passing zone was a good idea because my 40 in a 40 on my motorcycle was not good enough, thereby crossing into the path of another motorcycle headed in the opposite direction. :dunno:
    "They" were in the wrong, and will be caught sooner or later. I've never understood the mentality that thinks that "they" got away with it means it should be repealed.

    Folks, we want to carry our weapons as is our 2nd Amendment right. Doing so means we need to know and obey the other laws of the land. Like it or not, a firearm on your side or concealed on your person is legal in our state. But, ignoring the clearly stated speed laws is just as wrong as the many complaints I see on here about officers confiscating weapons and running numbers during a common traffic stop. BUT....you cannot pick and choose which laws you wish to obey, and those you'd prefer to ignore.

    C'mon, I mean really...you think that arguing over traffic laws with an officer is going to get you out of the violation? You think the court will side with you? 99% plus of the time, the law officer wins when you come to court to fight a ticket. Better off to remain respectful, do what you are asked (within reason), and stay "close" to the posted speed limit. Most officers are forgiving as long as your driving does not endanger others, or isn't blatant.

    I just do not get this idea where one can fiercely argue a law that is clearly on the books. "My driver's ed instructor told me to double my speed when I pass...." Sheesh....really? REALLY? C'mon, common sense....:dunno:
     

    Timjoebillybob

    Grandmaster
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    1   0   0
    Feb 27, 2009
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    Tell that to the woman who decided that passing me in a no passing zone was a good idea because my 40 in a 40 on my motorcycle was not good enough, thereby crossing into the path of another motorcycle headed in the opposite direction. :dunno:

    I'd be glad to tell her, but not being a LEO that would be all I could do. If I was a LEO and I observed something like you described. I would tell her in the form of multiple tickets and/or arrest.

    I just do not get this idea where one can fiercely argue a law that is clearly on the books. "My driver's ed instructor told me to double my speed when I pass...." Sheesh....really? REALLY? C'mon, common sense....:dunno:

    I'd say doubling speed to pass is good advice, if the person your passing is going half the speed limit. It's usually better to pass (imo) as quickly as possible.
     

    doctrpt

    Sharpshooter
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    4   0   0
    Jan 16, 2012
    348
    16
    Cope, IN
    I'd say doubling speed to pass is good advice, if the person your passing is going half the speed limit. It's usually better to pass (imo) as quickly as possible.

    I'd say it at best requires clarification. Going 140 MPH on the interstate is ridiculous. Going 40 in a 20 zone is equally ridiculous. The speed zones are set that speed for a reason. I passed a guy that wouldn't let me get over on the interstate in Lake County a couple years back. I'd slow down and try and drop back in, and he would too, blocking moving to the slow lane. Sped up, he did too. Finally, punched it and got to 84 MPH in a 70, and there was the State Trooper. He disagreed with the idea of doubling my speed to get around the guy. I told him about the fellow not allowing me over....I still got a ticket. Ten minutes later, the jerk who blocked me moving over is stacked up on a guard rail not five miles away. I pull up and identify the guy (who was stoned and drunk) as the one who caused the issue for me. The cop (same one who pulled me over) said, "Too bad, and get the hell out of here as we need room for the ambulance." Double the speed wouldn't have helped me there, and the Trooper had no interest in my reasoning or issues.

    But, I do see your point in some instances.
     
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