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VC 21750TBWD eligiblePassing & overtaking

Unsafe passing on the left

A driver overtaking another vehicle in the same direction must pass to the left at a safe distance without interfering with the overtaken vehicle.

Vehicle Code 21750 — statutory text

Official source ↗
(a) The driver of a vehicle overtaking another vehicle or a bicycle proceeding in the same direction shall pass to the left at a safe distance without interfering with the safe operation of the overtaken vehicle or bicycle, subject to the limitations and exceptions set forth in this article.

Quoted from the California Legislative Information website. The full section may contain additional subdivisions not reproduced here — click “Official source” for the complete text as currently in force.

Base fine
$238.00
Does not include court fees or assessments.
DMV points
1
Points raise your insurance.
Filing window
30 days
From citation date, use form TR-205-2024.
You can file a Trial by Written Declaration

Under CA Vehicle Code § 40902, infractions may be contested in writing. If the officer fails to respond within their required window, your ticket is dismissed. California requires a bail deposit equal to the fine; it is refunded if dismissed.

Also known as

unsafe passingpassing on leftimproper passing

Defenses our AI considers (12)

  • Equipment fixed — correctable violation
    historical success ~80%
    Equipment violations (window tint, exhaust, lights, plates, wipers, etc.) are correctable in every supported state. Proof of repair signed by a qualified inspector resolves the citation administratively.
  • Documentary cure — proof on date of citation
    historical success ~75%
    Many "failure to produce" charges (insurance, registration, license) are dismissed on proof the document existed and was valid on the date of citation. This is codified in most state fix-it / correctable-violation statutes.
  • Sign obscured, missing, or recently changed
    historical success ~50%
    A driver cannot be held to a regulation that was not reasonably communicated. An obscured, damaged, missing, or recently-changed sign at the cited location is both a mistake-of-fact defense and a due-process notice defect.
  • Statute of limitations / speedy-trial violation
    historical success ~45%
    Every state imposes statutory deadlines between citation, arraignment, and trial. When the state misses a jurisdictional deadline — including officer-declaration deadlines in TBWD proceedings — dismissal is mandatory, not discretionary.

Our AI drafts 3 options per case, tailored to your ticket's facts. You choose or regenerate.

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Not legal advice. Violation summaries are for information only. Verify the current Vehicle Code text at leginfo.legislature.ca.gov. Past success rates do not guarantee future outcomes.