Harassed by officer and ticketed for Impeding flow of traffic

[matt62881]

What is the name of your state? Georgia

I was on my way to work this morning driving my usual route. I would say that I am quite familiar with the interstates and this route. I spend about two hours every workday travelling on it. In the past I have received several speeding tickets. The last one was around $500. Since then I have obeyed the speed limit.

On this morning (10:45) I was traveling on 400 northbound. I was in the left lane driving at 55 MPH. There was very little traffic on the road. I was just south of the Marta station exit when out of nowhere a police cruiser appears in my rear-view mirror. He must have been driving in speeds excess of 85 MPH. This area of 400 north is still considered a construction zone. The officer was driving his patrol car dangerously close to the rear of my vehicle. His lights were not on. He honked his horn and made a few hand gestures that I could see in the mirror.

He flashed his lights and I changed lanes under the belief that there was a legitimate police emergency. He proceeded to accelerate (beyond the speed limit) and then turned of his lights. As he passed by I looked at him and pointed towards wondering what he was thinking/doing. He then turned his lights on again and got behind me and I proceeded to pull to the shoulder of the road.

Once we were safely to the side of the road he approached my vehicle and asked me for my driver’s license. I handed it to him and he proceeded to lecture me. When I asked him what was the reason for pulling me over he replied that I did not yield to faster traffic. I indicated that I was driving at the maximum speed posted. He continued to badger me about how he didn’t agree and clearly public safety was not in his best interest. He seemed to be more upset that he was not able to break the law. He handed me back my license and told me to basically get out of his way in the future. After he handed it back to me I asked him for his name or some type of identification. He ordered me to hand him back the license so he could write me a ticket which would contain that information.

The statute I am accused of violating is 40-6-184 (http://www.legis.state.ga.us/legis/2003_04/gacode/40-6-184.html)

By looking at the statute it does not appear that I am in violation of the code. I was operating at the maximum speed allowed; 55 MPH.

Is this a legitimate violation? All help is appreciated.

ThanksWhat is the name of your state?

 

[You Are Guilty]

You, my friend, just got taught a very expensive lesson why you really shouldn't antagonize the police when you're breaking the law. Of course, most normal people know this already due to their common sense, but luckily, research has shown that even common sense can be instilled in those who lack it after enough tickets.

By your own admission, you're guilty as charged. Had you not been a dickhead to the officer, you'd have been let off with a warning. Yet despite him giving you exactly what you asked for (his name), you're accusing him of hasassment. Figures.

 

[xylene]

You have experienced prosecution by cop.

You should know better than to question police impunity.

You will need to plead not guilty.

You have at least two valid defenses under the statute.

40-6-184.
(a)(1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation.
(2) On roads, streets, or highways with two or more lanes allowing for movement in the same direction, no person shall continue to operate a motor vehicle in the most left-hand lane at less than the maximum lawful speed limit once such person knows or should reasonably know that he is being overtaken in such lane from the rear by a motor vehicle traveling at a higher rate of speed, except when such motor vehicle is preparing for a left turn.
(b) Whenever the commissioner of public safety or the commissioner of transportation or local authorities determine on the basis of any engineering and traffic investigation that slow speeds on any part of a road under their respective jurisdictions impede the normal and reasonable movement of traffic, such commissioners jointly, or such local authorities, may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation, and that limit shall be effective when posted upon fixed or variable signs.

Section (a)(1) - it was a construction zone. Prudence dictates reuduced speed.

Section (2) - You were travelling at the posted speed limit. ALSO you were lawfully advised of the officers desire to pass when he signaled with his designated emergency lights. You complied.

And that point everything that happened was proof that he couldn't have been in that much of a rush. Sounds like a major scumbag with a huge chip on his holster. But thats just me.

Problem for you is he knows he has already punished you. You could either pay or fight. Both of which cost you time and money. IE Best case scenario - he doesn't show case totally dismissed - you still are out the time and money.

 

[cepe10]

To be impeding IMO there would have to be a que of traffic behind you (if there was I would say you are guilty) and traveling at the maximum speed limit gives you an additional way out. You should plead not guilty - the vindictive nature of the stop may also be frowned upon...


The officer's problem (if he dares to show) is he is going to have to testify he was breaking the law...


§ 40-6-6. Authorized emergency vehicles


(a) The driver of an authorized emergency vehicle or law enforcement vehicle, when responding to an emergency call, when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this Code section.

(b) The driver of an authorized emergency vehicle or law enforcement vehicle may:

(1) Park or stand, irrespective of the provisions of this chapter;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(3) Exceed the maximum speed limits so long as he or she does not endanger life or property; and

(4) Disregard regulations governing direction of movement or turning in specified directions.

(c) The exceptions granted by this Code section to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal and use of a flashing or revolving red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that a vehicle belonging to a federal, state, or local law enforcement agency and operated as such shall be making use of an audible signal and a flashing or revolving blue light with the same visibility to the front of the vehicle.

 

[Robbie0723]

Most states have regulations stating you must stay right unless passing on interstates. It's not your role to enforce the speed limit or traffic safety, doing so is inherently unsafe.

Traffic safety studies have shown drivers obstructing the left lane are more dangerous than speeding. The practice is a common trigger for road rage and for serious accidents since they force people to pass on the right. The regulation is vigorously enforced in some areas for these reasons.

Considering you didn't get the point on the road or after the ticket, I don't think I'd go to court without a lawyer on this one.

 

[04STI]

Inconsistent much?

As much as it pains me to do so. I have to agree with Robbie on this one. No civilian has the right to enforce traffic laws. If you are capable of moving to the right lane you need to. Left lanes are for passing. Period.

I do like how Robbie can state that its wrong to obstruct traffic in your post. But then says in a response to one of my posts that I was wrong to speed along with traffic when I had no opportunity to get out of my lane.

That cop was being a dick. I hope you win.


Ian

“Improper grammar makes me (sic)”

 

[Robbie0723]

Where did I say you were "wrong" 04STI?