Impeding traffic

What is the name of your state (only U.S. law)? Indiana

I recently received a traffic ticket (IC 9-21-5-7 - impeding normal and reasonable movement).

IC 9-21-5-7
"Reduction of speed; impeding normal and reasonable movement; right-of-way to other vehicles
Sec. 7. A person may not drive a motor vehicle at a slow speed that impedes or blocks the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with the law. A person who is driving at a slow speed so that three (3) or more other vehicles are blocked and cannot pass on the left around the vehicle shall give right-of-way to the other vehicles by pulling off to the right of the right lane at the earliest reasonable opportunity and allowing the blocked vehicles to pass."

In this case, I had a flat tire and I was driving around 25mph on a 4 lane divided highway. 25MPH was the highest speed I could drive before I lose control of the vehicle. I had my hazard lights on to warn other drivers of my situation. A semi driver did not see my hazard lights and rear-ended me. The left lane is open for traffic to pass me. After the accident, the police cited me for the offense mentioned above. There were no other traffic behind the semi driver.

Does the flat tire situation constitute safe operation? What are the basis or chances I can get this citation dismissed?

Thank you for any inputs.

Does the flat tire situation constitute safe operation?

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Not even close. You admit to not being able to maintain a safe and reasonable speed. You should have pulled over and changed your tire or called for assistance.

What are the basis or chances I can get this citation dismissed?

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Slim and none and slim just left town.

Be thankful you weren't killed. Should have pulled off the road and stopped, and called for assistance if you don't know how to change the tire yourself. At our voting location yesterday (fire department), they had a vehicle parked in the back that had been rear ended on the highway, nobody survived. You are very, very lucky.

Both my daughters when learning how to drive, learned how to change a tire (if they absolutely had to because assistance wasn't available). Driving on a flat tire ruins the rim, and could cause other costly damage to brake lines or anti-lock braking connections (amongst other items).

Thank you for all the input.

I am indeed extremely grateful that I am not killed. I have no complains about it. It was just a very day with a series of very unfortunate incidents.

Actually, the tire that I had flat on was my spare tire. I had another flat just prior to my spare going flat. Apparently, nail got into my original tire and the spare was probably old. My cellphone was out of battery Anyway, in my situation, I had no tire to change to even if I stopped and no way to call for assistance. I also heard horror stories of people getting hit by vehicles while waiting or change tires on the highway so really, I was just in a very very bad situation.

Anyway, my question here is whether I really broke the law I was cited for. I understand that I was not able to maintain safe speed if I go with the flow of traffic but that is what the law takes exception to, unless I am reading the law incorrectly. I read in a case (markiewicz vs Schlagenhauf and Mccorkhill) where the details seems to suggest in a 2 lanes or more highway, driving on the right lane does not qualify as impeding traffic.

Again, thank you for any inputs.

helno said:

Anyway, my question here is whether I really broke the law I was cited for. I understand that I was not able to maintain safe speed if I go with the flow of traffic but that is what the law takes exception to, unless I am reading the law incorrectly. I read in a case (markiewicz vs Schlagenhauf and Mccorkhill) where the details seems to suggest in a 2 lanes or more highway, driving on the right lane does not qualify as impeding traffic.

Again, thank you for any inputs.

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Yes, it sure sounds like you broke the law. Driving down the freeway with a flat tire is NOT necessary to insure safe operation. You should have pulled to the side of the road. Your lack of proper maintenance on your vehicle is not an excuse.