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As you read this, do you wonder if the driver's holding him up should get charged?
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Not at all. Where is it legal to pass on a one-lane piece of road? Most entrance ramps (at least that I have seen) are not made for high speed, many here are like 25 mph. You speed up once you get to the acceleration lane that parallels the freeway, and if the biker wanted to go faster he could have then went to another lane.