7.749 — IMPROPER PASSING

Violations of "Statute 7.749" results in an Infraction and a fine of $350

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(a) Definitions

Improper passing refers to the act of overtaking another vehicle on the road in a manner that violates traffic laws or creates a safety hazard. This can include passing when it is prohibited by road signs or markings, overtaking on the wrong side of the road, or passing another vehicle in an unsafe or illegal manner.

(b) Elements

To establish the offense of improper passing, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant attempted to pass another vehicle on the road.

• The defendant’s passing maneuver violated traffic laws or road signs, such as passing in no-passing zones, on the shoulder, or when it was unsafe to do so.

• The defendant’s passing maneuver created a potential hazard or obstructed traffic flow.

• The defendant knew or should have known that the passing maneuver was improper or unsafe.

(c) Defenses

Defenses against a charge of improper passing may include:

• The defendant was passing due to an emergency situation, such as a need to avoid a collision or hazardous situation.

• The defendant was unaware of the specific restrictions on passing in the area, such as road markings or traffic signals.

• The defendant had no other option but to pass in order to avoid causing a traffic backup or congestion.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The defendant’s passing maneuver caused a near collision or traffic hazard.

• The improper passing was done at high speed, in heavy traffic, or under unsafe road conditions.

• The defendant has a history of traffic violations or reckless driving.

• The defendant made the improper pass in a highly congested or sensitive area, such as near schools or busy intersections.