Passing on the right can be done safely, but not always. California Vehicle Code Section 21755 covers unsafe passing to the right. If you’re caught violating this law, you could get a traffic ticket, but you may also be able to get help from our Los Angeles traffic violation lawyers.
Here’s what you need to know about this simple yet important law about passing on the right in California. Simmrin Law Group handles cases large and small in any California or federal court. If you need legal representation, call us.
What does the Law Say?
This law governs when and how drivers can pass other vehicles on the right. There are three main points:
- You can pass on the right only if it permits safe movement.
- Driving off the paved or main-traveled portion of the road to the right is not allowed.
- Bicycles are exempt from this law and can use bike lanes or off-road shoulders to pass on the right.
Passing on the right is generally discouraged because there is a large blind spot there, but there are times when it needs to happen. Any road with two or more lanes traveling in the same direction creates a situation where passing on the right can occur.
As long as you’re in a marked lane and you’re doing it safely, you can pass on the right. Be careful that there is enough room to do the pass, or you may be cited for passing without sufficient clearance and for unsafe passing on the right.
For a free legal consultation with an unsafe passing to the right lawyer serving California, call (310) 896-2723
Passing on the Highway
One common situation where you may need to pass on the right is if someone is going too slow in the left-hand lane. Lanes further to the left should be used for passing slower drivers on the right, but sometimes drivers do not move back over.
In this situation, a driver on the right can go faster to pass the slower driver on the left. They will need to make sure they can move faster safely before speeding up to overtake. However, it’s never okay to pass a slow driver in the right lane by driving onto the shoulder.
In a traffic jam, you might see people try doing this. It’s extremely dangerous for several reasons:
- Shoulders are used by emergency vehicles to reach accident scenes. A driver on the shoulder may block their way.
- Shoulders are also used by people in accidents or when they have a breakdown to get off the road.
- Getting back into the flow of traffic off the shoulder is dangerous because drivers do not expect someone to come in onto a highway or freeway from the right when there isn’t a merge.
- You may hit a bicyclist or a pedestrian who is using the shoulder legally.
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What Happens if I Violate California Vehicle Code Section 21755?
If you are caught breaking this law, you will get a traffic ticket. You will have to pay a fine to the court, get points on your driving record, and possibly have to pay more for insurance. If you have additional points on your record, then you may reach thresholds that could suspend your license.
You should never ignore a traffic ticket, even though it seems minor. Failure to appear in court for a traffic ticket can put a misdemeanor on your criminal record. If you are worried about your ticket and what to do, it is a good idea to speak with a traffic ticket attorney for a free consultation.
For commercial drivers, a citation for unsafe passing can have additional consequences:
- It may affect your CDL status
- Your employer may take disciplinary action
- It could impact your job prospects in the transportation industry
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When Might I Need a Lawyer for Unsafe Passing Violations?
Consider seeking legal help through Simmrin Law Group if:
- You believe the citation was unjustified: An attorney can help challenge the officer’s observations or interpretation of events.
- The citation could affect your employment: Especially crucial for commercial drivers or those who drive for work.
- You have a history of traffic violations: Multiple citations can lead to more severe penalties.
- There were unique circumstances: If emergency conditions or other factors influenced your actions, a lawyer could help present this context.
- You’re facing additional charges: If the unsafe passing led to an accident or other violations, the case might be more complex.
- You’re concerned about insurance rates: An attorney may be able to resolve the case in a way that minimizes impact on your insurance.
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How Simmrin Law Group Can Help
At Simmrin Law Group, our traffic ticket lawyers help drivers like you minimize penalties from traffic tickets. Our approach to unsafe passing cases under California Vehicle Code section 21755 includes:
- Thorough case analysis: We examine all aspects of your citation, including the road conditions, traffic patterns, and officer’s report.
- Evidence gathering: We may collect additional evidence, such as witness statements or video footage, to support your case.
- Court representation: We’ll vigorously defend your case in traffic court.
- DMV advocacy: We can represent you in any related DMV proceedings to protect your driving privileges.
Don’t let an unsafe passing citation jeopardize your driving record or increase your insurance rates. Whether you’re a daily commuter, a commercial driver, or someone who rarely gets behind the wheel, Simmrin Law Group can provide the experienced legal representation you need.
Contact us today for a consultation, and let’s work together to protect your rights and your future on the road.
Call or text (310) 896-2723 or complete a Free Case Evaluation form