Speeding Ticket for Going Too Slow

[JessicaUSA7]

My question involves a speeding ticket from the State of: Florida

I'd like some feedback/thoughts about a traffic citation I received yesterday. I was pulled over on the highway going 43 MPH in a 55 MPH speed limit zone... with NO posted minimum speed (I have seen minimum speed limits posted and I know for a FACT there was none posted on this stretch of highway).

I was pulled over while driving in the right lane and the officer told me that I was creating needless traffic congestion and was not going with the proper flow of traffic. The infraction on my citation says "Unlawful speed". The printed clocked speed on the ticket (which was determined by pacing, according to the officer) is 43 MPH in a 55 MPH.

Has this happened to anyone before? Is it possible to get a ticket for going to slow, without a posted speed minimum and for not going with the proper flow of traffic?

[That Guy]

What code section (number) were you cited for?

[flyingron]

Presumably 316.183 Unlawful Speed which contains this section:

(5) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.

So the defense will likely start with, why were you driving at 43?

[antrc170]

Unless you can produce evidence that your speed was necessary to the safe operation of your vehicle (In my own experience) I have seen the courts hold that more than 10mph under the speed limit is considered impedeing the flow, or an unsafe speed. The courts argue that if you can't drive within 10 of the speed limit due to your own fear, then you shouldn't be traveling on the roadway at all.

(This is not a legal absolute, nor are there precedent cases, or definitions. This is just my experience with the multiple traffic courts)

[davidmcbeth3]

The is a minimum of 45 I think on 55 zones. How did he measure your speed? You can likely win this case if its a ? of 2 MPH ....

[BrendanjKeegan]

antrc170 has it correct for the Florida courts that I've seen. There's actually an NHTSA study out there somewhere that I read a while back about the dangers of traveling under the speed limit by 10MPH. They concluded, that traveling at 10MPH below has (in their study and they believe throughout history) been the cause of more accidents than by people traveling at 10MPH above the posted speed limit.

As for the OP, yes, in fact, it happens all the time. If you contact Finebloom/Haenel (the big one for traffic in FL), I'm sure they'll tell you that they see an infraction like this all the time.