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.
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.
Based in Salt Lake City, Stephen Howard offers legal services
to clients throughout Utah.
Contact
us today to schedule an initial consultation and case
analysis with our
Salt
Lake criminal defense attorney.

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