Driving Too Slowly Traffic Tickets & Drivers' Legal Options
The opposite of a speeding violation is a violation for driving too slowly, which can cause a hazard by blocking the flow of traffic. Most commonly, an officer will issue this type of ticket if a driver is driving slowly outside the right lane. A slow-moving vehicle should be in the right lane or a lane designated for slow-moving vehicles. The prosecution would need to show that you drove more slowly than the normal speed of traffic without driving as close as possible to the right edge of the road.
You will have a defense if you were about to make a left turn or if you were passing a vehicle in the right lane that was driving even more slowly than you were. If you are passing a slower vehicle, you will need to move back to the right lane as soon as it is safe. Another way to fight this type of ticket involves showing that you were traveling at the posted speed limit, if your state uses an absolute limit. You also might be able to argue that road or weather conditions made it unsafe to drive any faster under the circumstances, even though you were driving well below the limit.
Impeding Traffic
A variation on this violation involves driving so slowly in the right lane or on a one-lane road that you are blocking the flow of traffic. An officer usually can cite you for this violation if you drove at a speed below the normal and reasonable speed of traffic, and this lower speed was not required by safety reasons or the grade of the road. You can defend against this violation by showing that you were driving at the posted limit or that it was unsafe to drive faster under the circumstances. If you were driving at the speed limit, the fact that other cars were passing you does not mean that you should receive a ticket, since those drivers were violating the limit.
These cases basically come down to whether the driver or the officer tells a more convincing account of what was happening and what was safe at the time. The officer might say that a long line of traffic extended behind the driver, while the driver might point out that the pavement was rough, fog was drifting across the road, or they were dealing with a series of steep grades or sharp curves.
Failing to Use Turnouts
A driver who is traveling slowly with a line of traffic behind them usually is required to pull into a turnout and let the other vehicles pass. A turnout is a paved area next to the right side of the road. If you fail to use a turnout, an officer can ticket you. The prosecution would need to show that you were on a two-lane road (one lane in each direction) and were driving more slowly than the normal flow of traffic around you. There must have been at least a certain number of vehicles behind you that slowed down because of you. The number varies according to the state but is often about five. You must have failed to pull over at a turnout that was available and safe to use.
Some drivers believe that they should not have been cited for this violation if the road was in poor condition or if the weather was bad. However, this defense normally will not work. This is because the driver still could have used the turnout unless pulling over would have been hazardous, such as when there was a patch of snow or ice, or when their vehicle was too large to fit in the turnout.
