On any road you are driving on, there will always be a maximum speed limit, which is the highest possible speed that you can travel under the circumstances. While you may think that speeding infractions are limited to instances in which a driver is going too fast, there are also circumstances in which a driver can be issued a traffic ticket when they are creating a danger by traveling too slowly. A driver who blocks traffic can cause an elevated risk of an accident, and they are also a danger to other motorists.
Driving too slowly is covered by New Jersey Law 39:4-97.1. Although not traveling too fast for the circumstances is a hallmark of motor vehicle safety, there is such a thing as going too slow. At a certain point, a driver can create a bottleneck and block the flow of traffic.
Some roads will have a minimum speed specified. Generally, on the highway, the minimum speed would be 35 mph. However, even traveling above the minimum speed limit can be a ticketable offense if the driver is blocking traffic. If a police officer notices that a driver is going too slowly, they can pull them over and issue a citation the same way they would if the driver was going over the speed limit. In New Jersey, the fine for driving too slowly is approximately $85. In addition, you can also receive two points on your license for this speed and fraction.
How Do I Defend Against a Ticket for Driving Too Slowly?
The defense that a driver may use is that they were traveling too slowly for a reason, especially for safety. For example, they could have a tire that is flat or, for other mechanical reasons, drive more slowly. In addition, a driver can travel slowly if it is necessary to stay safe in adverse weather conditions. For instance, if you are driving in snow or ice, it would be hazardous to travel at the posted speed limit, so you should adjust your speed. Under usual circumstances, a driver should preferably pull over to the side of the road if they cannot travel at a minimum speed so as not to impede traffic.
If you have been charged with driving too slowly, there may be defenses that you can use to contest the ticket. The best defense is that you had to drive that slowly because of the conditions on the roadway or because of a maintenance issue with your car. However, you also have a legal obligation to perform reasonable inspection and maintenance on your car, and you can only get on the road with a roadworthy vehicle.
In many cases, whether you were driving too slowly for traffic depends on the officer’s perceptions and what they saw. Although the police officer is given some credibility and deference in traffic court, you can also present your own evidence and testimony that you were not impeding traffic. Driving too slowly can be a matter of interpretation, and a traffic ticket lawyer could present your side of the story that you either had a reason to drive too slowly, or you were not impeding traffic.
Contact the New Jersey Traffic Ticket Lawyers at Ellis Law Today for Help with Your Traffic Violation
If you have been charged with a motor vehicle offense, the New Jersey traffic ticket lawyers at Ellis Law can help you fight the charge in traffic court. In many cases, it is in your best interest to show up in traffic court and dispute the ticket. You can schedule a free initial consultation with a traffic ticket lawyer by calling us today at 732-702-6103 or filling out our online form. With our office located in Freehold, New Jersey, we proudly serve clients in Asbury Park, East Brunswick, Toms River, Middletown, Jersey City, Long Branch, Neptune, Hudson County, Union County, Essex County, Monmouth County, Marlboro, and Ocean County, as well as Brooklyn and New York City.
