Can I be pulled over for driving under the speed limit in Utah?
Most commonly, police officers stop people for driving OVER the speed limit. But under some circumstances, Utah law allows a police officer to pull you over for driving under the speed limit. If you have been stopped by a police officer, an experienced Utah criminal defense lawyer can help you determine whether your Fourth Amendment rights may have been violated.
Driving under the speed limit, by itself, is not a crime. To justify stopping a driver for going under the speed limit, the officer must be able to articulate some other facts or conditions that create a reasonable suspicion of a crime. If you are driving so slowly that you are obstructing traffic, that by can be considered a traffic offense. If home break-ins or vehicle burglaries have been reported in the area, an officer may have reason to stop a suspicious vehicle. But police officers sometimes use a slow-moving vehicle as a pretext for investigating other crimes.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
More serious charges may arise depending on what police officers observe after they make the traffic stop. If an officer observes drug paraphernalia or an open container of alcohol, smells alcohol on the driver’s breath, or notices bloodshot eyes or other indicators that a person may be under the influence of a controlled substance, an officer may decide to investigate further by conducting field sobriety tests or searching for drugs. If evidence of burglary tools or stolen property is observed, that may sometimes contribute to a determination of reasonable articulable suspicion or probable cause to search further.
If you have been pulled over for driving under the speed limit in Utah, you should consult with an experienced criminal defense attorney to determine the best way to defend your case. A motion to suppress for Fourth Amendment violations may be appropriate.