Results 1 to 6 of 6
  1. #1
    Join Date
    Aug 2010
    Posts
    14

    Default Speeding Ticket for Going Too Slow

    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?

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Unlawful Speedi Ticket for Going Too Slow

    What code section (number) were you cited for?

  3. #3
    Join Date
    Sep 2010
    Posts
    19,843

    Default Re: Unlawful Speedi Ticket for Going Too Slow

    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?

  4. #4
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Unlawful Speedi Ticket for Going Too Slow

    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)

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Unlawful Speedi Ticket for Going Too Slow

    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 ....

  6. #6
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Unlawful Speedi Ticket for Going Too Slow

    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.

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Deferred Speeding Ticket Ruined by New Speeding Ticket
    By emseahays in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 06-18-2011, 12:12 AM
  2. Speeding Tickets: Seattle Speeding Ticket, Can't Find Anything Wrong with Ticket/Discovery
    By mich in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 11-24-2010, 12:47 PM
  3. Failure to Yield: Failure to 'Slow' for Pedestrain, Modified Ticket to Say Slow Instead of Stop
    By andrea2k6 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 06-02-2010, 06:00 PM
  4. Speeding Tickets: Can CHP Issue Speeding Ticket on I-5 on Chula Vista Ticket Book
    By sandiegowoman in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 12-11-2008, 10:52 AM
  5. How Do I Slow Down Litigation
    By TES_62 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 01-07-2008, 07:46 AM
 
 
Sponsored Links

Legal Help, Information and Resources