Increased Speed While Being Overtaken

The law requires the operator of a vehicle that is overtaking another vehicle to signal audibly to the vehicle that is being overtaken.  The driver must pass to the left at a safe distance and not reenter the lane until the passing vehicle is safely clear of the overtaken vehicle.  When being overtaken, a driver shall not increase speed or do anything to the other vehicle passing it.  If the vehicle you are overtaking increases speed, drop back if necessary and return to your normal lane behind it.  Ensure that the road behind is still clear.

Under the current law, the operator of an overtaken vehicle is required to give way to the right in favor of the overtaking vehicle at that vehicle’s audible signal.  The operator is not permitted to increase their speed until completely passed by the overtaking vehicle.

Fines and Penalties

Overtaking is one of the most dangerous moves on the road.  Being overtaken has its perils as well.  Where two vehicles are moving in close proximity, it creates a risk for both parties in addition to the normal hazards of the road.  If a driver is trying to overtake you, you should maintain a steady course and speed, slowing down if necessary to let the vehicle pass.  Never obstruct drivers who wish to pass.  Speeding up or driving unpredictably while someone is overtaking you is extremely dangerous.  Drop back to maintain a two-second gap if someone overtakes and pulls into the gap in front of you.  Drivers that speed up while being overtaken may be found guilty of reckless driving which can result in a fine of $200 or more as it is categorized as a moving violation.

Traffic Points and Impact on Driving Record / License

Nearly every moving violation carries points against the motorist’s driving license.  In some states, the penalty for speeding up while being overtaken carries a penalty of 2 or 3 points against their license depending upon the severity of the incident.  If no person was injured during the incident, the driver will be assessed 2 points.  If anyone was injured as a result of this action, a driver can be assessed 3 points at minimum.

Hiring a Lawyer

If the motorist being overtaken speeds up or interferes with the vehicle overtaking them, they may be guilty of aggressive or reckless driving.  In most states, this traffic offense is prosecuted as a misdemeanor and will most likely result in penalties, fines and points against the individual’s driver’s license.  In some incidents, the motorist being overtaken may not realize that they have sped up while another vehicle is passing them.  No matter what the situation is, you will need to seek legal counsel for help in determining if you are guilty of the offense and how to defend yourself.