Can police pull me over for driving too slowly 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. Sometimes, what starts out as a simple traffic stop can turn into a more serious criminal investigation.
If you have been stopped by a police officer, an experienced Utah criminal defense lawyer can help you determine whether your Fourth Amendment rights have been violated, and how a suppression issue may contribute to a successful defense strategy.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
What if there’s no “minimum” speed posted?
Generally, Utah roads only include a minimum speed limit if it is a freeway (limited access highway). A minimum of 45 mph is typically posted on these roads. But unless you are driving on a freeway, driving under the speed limit, by itself, is not a crime.
Police need some other reason, something more.
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 traffic is backing up behind you, and if you don’t change lanes or pull over to let traffic pass, you could be stopped and given a citation for obstructing traffic.
A good attorney will talk with you about how your case can affect your job, education, family, and future.
If home break-ins or vehicle burglaries have been reported in the area, an officer may be looking for a reason to stop a suspicious vehicle. But police officers sometimes use a slow-moving vehicle as a pretext for investigating other crimes.
What happens next?
More serious charges may arise depending on what police officers observe after they make the traffic stop.
If an officer sees 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.
A good defense strategy should be designed to help you achieve your goals.
If evidence of burglary tools or stolen property is observed, that may contribute to a determination of reasonable articulable suspicion or probable cause to search more thoroughly.
Good Legal Advice is Key
Every case is different. 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.
