Slow Driving

Published for NC Criminal Law on March 11, 2013.

I've had several questions lately about driving slowly, so I took some time this weekend to add a section to my paper on traffic stops on the subject. The new section appears below as today's blog post, and the complete updated paper is available here. Driving substantially under the posted speed limit is not itself unlawful. In fact, it is sometimes required by G.S. 20-141(a), which states that “[n]o person shall drive a vehicle on a highway or in a public vehicular area at a speed greater than is reasonable and prudent under the conditions then existing.” On the other hand, in some circumstances, driving slowly may constitute obstruction of traffic under G.S. 20-141(h) (“No person shall operate a motor vehicle on the highway at such a slow speed as to impede the normal and reasonable movement of traffic.”). Furthermore, the fact that a driver is proceeding unusually slowly may contribute to reasonable suspicion that the driver is impaired. See, e.g., State v. Bonds, 139 N.C. App. 627 (2000) (driver’s blank look, slow speed, and the fact that he had his window down in cold weather provided reasonable suspicion; opinion quotes NHTSA regarding the connection between slow speeds, blank looks, and DWI); State v. Aubin, 100 N.C. App. 628 (1990) (fact that defendant slowed to 45 mph on I-95 and weaved within his lane supported reasonable suspicion of DWI); State v. Jones, 96 N.C. App. 389 (1989) (although the defendant did not commit a traffic infraction, “his driving 20 miles per [...]