top of page
  • Coastal South Law

Can Overtaking in North Carolina Earn You a Speeding Ticket?

Overtaking in North Carolina is the act of passing another vehicle on the roadway. It is a common practice that most people see every day. However, many wonder if it is possible to receive a speeding ticket while overtaking another vehicle.

In North Carolina, the law governing overtaking and passing is found in the state's General Statutes, which outline the rules and regulations for driving on the roads. We will tell you about it in this article.

Overtaking and Passing in North Carolina

According to North Carolina General Statute § 20-149, drivers are allowed to overtake and pass other vehicles on the roadway as long as it is done safely and with due care. This includes passing on the left or the right, as long as the driver can do so reasonably.

While overtaking another vehicle, it is important to remember that the speed limit still applies. Drivers are not allowed to exceed the posted speed limit while passing another vehicle, even if they are attempting to do so quickly.

For example, if the speed limit is 55 mph and a driver attempts to pass another vehicle while traveling at 60 mph, they could be ticketed for speeding. Similarly, if a driver tries to pass another vehicle on a residential street with a speed limit of 25 mph while traveling at 30 mph, they could also be ticketed for speeding.

Unsafe Driving While Overtaking

In addition to speeding, it is also important to pay attention to other traffic laws while overtaking another vehicle. This includes maintaining a safe following distance, staying in the proper lane, and being aware of other vehicles and pedestrians on the roadway.

If a driver engages in unsafe driving behaviors while attempting to pass another vehicle, such as weaving in and out of lanes or making improper lane changes, they could be ticketed for reckless driving or other traffic violations.

Penalties for Speeding and Unsafe Driving While Overtaking

If a driver receives a ticket for speeding or unsafe driving while overtaking another vehicle, they may face a fine and points on their driving record. In North Carolina, the amount of the fine and the number of points will depend on the severity of the offense.

For example, a ticket for speeding more than 15 mph over the speed limit could result in a small fine and points on the driver's record. A ticket for speeding more than 55 mph could result in a big fine and a driver's license suspension.

What Can You Do if You Have Received a Ticket for Speeding While Overtaking in North Carolina?

If you have received a ticket for speeding while overtaking in North Carolina, it is important to take the charge seriously and consider your options for defending yourself in court. While it may be tempting to simply pay the ticket and move on, this can result in points being added to your driving record and potentially higher insurance premiums.

That is where we come in. We can help defend you by citing a lack of evidence, necessity, or mistake of fact. There are just a few potential defenses, and you should contact us if you need an experienced lawyer to review the specifics of your case and advise you on the best course of action.

192 views0 comments


bottom of page