Phoenix Personal Injury Lawyer Blog

CAN YOU BE CITED FOR DRIVING TOO SLOW?

Posted by Jay L. Ciulla | May 18, 2016 | 1 Comment

Are you aware that it is a traffic offense to drive too slowly in Arizona? Older drivers or newcomers may find it difficult to drive at the accustomed speed on our highways. When a driver cannot keep up with the speed of the other drivers on the highway, he presents a danger to himself and others. Sometimes, this results in car accidents. According to A.R.S. § 28-704(A):

A person shall not drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic (with stated exceptions).
If you are driving on a major highway, and cars are following close to your bumper, you may decide to ignore them if you are driving at the posted speed limit and allow them to go around you. If you are going under the posted speed limit; however, you ought to speed up.

If you are on a secondary road and you notice that more than one car is following close behind you, it is common courtesy to pull over at the first opportunity and allow the string of cars to pass you. In fact, according to A.R.S. § 28-704(C), it is a requirement of law:

If a person is driving a vehicle at a speed less than the normal flow of traffic at the particular time and place on a two-lane highway where passing is unsafe, and if five or more vehicles are formed in a line behind the vehicle, the person shall turn the vehicle off the roadway at the nearest place designated as a turnout by signs erected by the director or a local authority, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following to proceed.

Although Arizona Department of Transportation does not regularly post minimum speed limits, it is possible that it would do so if a stretch of road is known to be plagued by slow driving that causes accidents. Consequently, you should do your best to blend in with existing traffic without exceeding the speed limit. If driving at faster speeds makes you uncomfortable, research an alternate route to your destination. Secondary roads may take you longer to reach your destination, but arriving safely is more important.

About the Author

Jay L. Ciulla

Jay L. Ciulla is a native of Phoenix, Arizona. Since 1997, he has been helping injured injured people with their legal issues. He has extensive litigation and trial experience and has represented clients in more than one hundred trials.

Comments

BobbyG Reply

Posted Mar 04, 2019 at 03:46:25

Recently I was pulled over and hassled by an overzealous cop. As probable cause he used ARS 28-873. He claims there were 2 cars behind me when l stopped to pick up my neighbor walking along side the road. The cop claimed I was obstructing traffic. I challenged him in court. The Judge ruled in my favor. I was in a residential area. Where I stopped did not violate any provisions of the statute. So, it is legal to stop on a roadway to pick up your kids walking home from school as long as the place you stop is not in one of a specific list of places. YEA RIGHT? The Judge then allowed the cop to change the statute from 28-873 to ARS 28-704. The Judge said that when I stopped I must have slowed down first, thereby going to slow and obstructing the 2 cars behind me. The road we were on is a straightaway., they could have easily and safely gone around me. They chose not too. Maybe the reason? Maybe because the road we were on from the start of the road to the stop sign IS ONLY 1/10th OF A MILE LONG!!! So in Gila County if you’re driving down a residential road, and it’s winter and its cold, and its pouring down rain, that’s fast becoming sleet, and you see one, or, two, or maybe three of your kids walking home from school, and it’s uphill and they have 3/4 of a mile to go. Don’t stop!! Or if you feel you must stop, do not slow down first. Look for a place legal, ie. not on a crosswalk, in front of a driveway or a fire station etc. but do not slow down. You don;t want to impede traffic. Then slam on your brakes!! And just to be sure its not going to take to long for them to get in your car, Have practice drills, Teach them to run to your car as fast as they can. Tell them not to offer a ride to their friends, Not even the 7 year old crippled girl in the wheelchair. She probably doesn’t have much longer to live anyway. Time is of the essence. And tell them not to look suspicious. Smile, smile, smile. We don’t want to give officer P Kowell the idea that a crime is happening, He will make us all step out of the vehicle and search everyone. And then he’ll want to search the car. Then even if you tell him no, he will anyway. Why? Because he’s a cop and he’s above the silly law. IT’S BEST TO NOT PICK THEM UP. Oh man, what about the summer and its 112 degrees?

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