When “Passing on the Right” Gets You Pulled Over

As a Florida Improper Passing Attorney, I’ve defended hundreds of drivers who were stopped for simply trying to keep up with traffic or avoid a slow-moving vehicle. One of the most misunderstood traffic violations in Florida involves passing another vehicle on the right. Most people assume it’s legal on multi-lane roads, and in some cases, it is. But there are specific conditions that must be met, and if those aren’t clearly present, you could find yourself with a moving violation, points on your license, increased insurance costs, or worse.

If you’ve been ticketed or charged under Florida law for improper passing, don’t assume you’re out of options. A private attorney can review the facts, challenge the evidence, and in many cases, get the charge dismissed or reduced. That’s where I come in.

The Law: Florida Statutes § 316.084 – When Passing on the Right Is Legal

Let’s take a look at what Florida law actually says:

Florida Statutes § 316.084 – When overtaking on the right is permitted
“(1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn;
(b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving traffic in each direction;
(c) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
(2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.”

This law essentially says that while passing on the right is not automatically illegal, it must be done safely and only under specific conditions. If you pass on the right by using the shoulder, cutting across lanes, or passing in a way that forces other drivers to brake or swerve, law enforcement may charge you under § 316.084 or related statutes.

Related Statute: Florida Statutes § 316.083 – Overtaking and Passing a Vehicle

In many improper passing cases, officers will also cite:

Florida Statutes § 316.083
“The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.”

This statute is sometimes used together with § 316.084 to support a traffic stop and citation.

The law is more technical than most people realize. That’s why having a Florida Improper Passing Attorney who understands these statutes inside and out can be the difference between points on your license and a clean driving record.

What’s Considered “Unsafe” Passing on the Right?

The gray area comes down to what law enforcement considers “unsafe.” I’ve defended clients accused of passing too fast, making erratic lane changes, or using the shoulder to get around a slow driver. The issue isn’t always the lane you used but how you used it.

Some officers issue tickets based on subjective observations. Others use dash cam footage or claim a witness saw the violation. But that doesn’t mean the evidence is strong enough to convict you. In many cases, we find that the stop was based on an incorrect understanding of the law or a poor vantage point.

This is where having a private attorney on your side matters. I don’t just accept the narrative in the citation. I question it, investigate it, and break it down piece by piece to see if it can hold up in court.

Real Case Example: Multi-Lane Confusion Leads to Dropped Charge

One of my clients was pulled over in Sarasota for passing on the right in a three-lane road during rush hour. The left lane was occupied by a vehicle going 15 miles under the limit, the center lane was packed with slower traffic, and the right lane was clear. My client used the right lane to pass, stayed within the speed limit, and did not leave the paved roadway.

Despite this, he was cited for improper passing. The officer claimed it was unsafe because my client “weaved through traffic.” I requested the dash cam footage, which showed smooth lane movement, no brake checks, and no shoulder use. I filed a motion to dismiss based on the statutory language in § 316.084. The court agreed. The charge was dismissed.

That’s the value of working with a Florida Improper Passing Attorney who fights these tickets aggressively. A public defender won’t take a traffic case, and paying the fine is often the same as admitting guilt. But with legal representation, your case can be won.

Possible Defenses in Improper Passing Cases

There are several ways to fight an improper passing charge depending on the facts:

1. Statutory Defense:
If you were on a multi-lane highway, and your passing maneuver followed the conditions in § 316.084, the law is on your side. We can show the court your actions were legal.

2. Lack of Evidence:
If there is no dash cam, no officer body cam, or no third-party witness, the state may struggle to prove its case beyond a reasonable doubt.

3. Procedural Issues:
Was the citation improperly filled out? Was the stop based on pretext or racial profiling? Did the officer fail to note critical details that support their claim? These issues can result in dismissal.

4. Safe Movement Argument:
Even if the statute technically applies, if you passed on the right without causing any disruption or danger, we may be able to persuade the court to issue a withhold of adjudication or dismiss the charge altogether.

As a private attorney, I tailor each defense to the specific circumstances of the stop. Cookie-cutter defenses don’t work. Careful, case-specific strategy does.

Why You Shouldn’t Just Pay the Fine

Paying a ticket for improper passing might seem easier than hiring a lawyer, but it’s not. That fine comes with points on your license, which can:

  • Spike your insurance rates

  • Push you closer to a license suspension

  • Appear on your driving record for years

Improper passing is a moving violation. Florida drivers with too many points in a short window can lose their licenses under Florida Statutes § 322.27. It’s not just about money, it’s about your freedom to drive.

I often get calls from people who paid the ticket, only to find out later that they were one step away from a suspension. That’s why legal defense isn’t a luxury, it’s a smart move.

Why You Need a Florida Improper Passing Attorney

The courtroom isn’t where you want to represent yourself. The state will have a trained prosecutor. You should have someone just as prepared to stand between you and a conviction.

As a private Florida Improper Passing Attorney, I do more than just show up in court. I subpoena dash cam footage, cross-examine the officer if needed, and negotiate with prosecutors for dismissal or reduced charges. Every case gets personal attention, because every detail matters.

Florida Improper Passing FAQs

Is passing on the right always illegal in Florida?
No. Florida Statutes § 316.084 allows passing on the right under specific conditions, such as when there are two or more lanes of traffic moving in the same direction, or when the vehicle ahead is turning left. But if you pass on the right using the shoulder or in a way that forces other drivers to slow down or swerve, you may still be cited for improper passing or unsafe driving.

Can I pass on the right on a highway like I-95 or I-75?
Yes, if you're on a multi-lane highway with clearly marked lanes, passing on the right is legal so long as it's done safely and not off the roadway. Most Florida interstates and urban highways allow safe right-lane passing. But weaving through traffic or tailgating before passing can still trigger a traffic stop, even if you're in the right lane.

What if I passed on the right because the other driver was driving too slow in the left lane?
That is one of the most common situations. If the left-lane driver was impeding traffic, and the road had multiple lanes, then you may have acted within the law. But law enforcement may still issue a citation if they believe the maneuver was aggressive or created danger. That’s why it’s critical to have a private attorney review the facts and argue that your actions were legal under § 316.084.

Can a police officer charge me with reckless driving for passing on the right?
It’s rare, but yes. If the officer claims your passing endangered others or violated multiple traffic laws, you could be charged under Florida Statutes § 316.192 for reckless driving. That’s a criminal misdemeanor, not just a traffic citation. I’ve had clients who were charged that way, but we were able to reduce it to a non-criminal moving violation or get it dismissed outright. The key is to act fast before the case progresses too far.

Will this charge affect my insurance or driving record?
Absolutely. A conviction for improper passing adds points to your license. Accumulate too many and you’re facing a suspension. Insurance companies often raise your rates if they see a moving violation, especially one related to unsafe driving. That’s why you should never simply pay the fine. A dismissal or withhold of adjudication can keep it off your record.

Is it worth hiring a private attorney for just a traffic ticket?
Yes. If your license matters to you, it’s always worth fighting to keep your record clean. A private Florida Improper Passing Attorney can usually appear on your behalf, sparing you from going to court. More importantly, we can negotiate for dismissals, reductions, or alternatives that protect your driving history. You don’t want a small mistake to cost you thousands over time in insurance hikes or license issues.

Call our Florida Improper Passing Attorney Today Before It Costs You

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Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.