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Benefit from the Experience of Attorneys Bill and Valerie Sherman Former Assistant Attorney General, Assistant County Attorneys and Magistrate Judge

Can You Get Stopped For Driving Too Slow?

Question: I was coming home from a party in Norcross where my friend who knows Miley Cyrus was celebrating a birthday and I thought Miley would be there. She didn't show but Ryan Seacrest called to say he was in Dunwoody and my friend put Seacrest on speaker phone. Yeah, it was awesome! She made some wonderful beer can chicken from her grandmother's recipe. She said her grandmother made the beer can chicken for a restaurant in Marietta. I did have a lot to drink like maybe 3 beers, some wine and a Bloody Mary.

Anyway I was driving through Cumming and got stopped. The officer said I was going 15 miles per hour under the speed limit. So I was not speeding; I was going slow. He said that's why he pulled me over. Can a cop pull you over for going under the speed limit and then arrest you for DUI? I'm not saying I wasn't drunk, I'm just asking if a cop can stop your car just for going slowly.

Answer: Under Georgia law a police officer can stop a vehicle if that vehicle is travelling too slowly. Going too slowly is considered hazardous and can cause an accident. In fact, sheriff's deputies often suspect that a driver is impaired on either alcohol or drugs if that driver is driving his or her car too slowly. You didn't mention what you told the police officer, if you smelled of alcohol or whether you did the field sobriety tests or whether you took the breathalyzer test or a blood test.

However, if you were driving 15 M.P.H. less than the posted speed limit, then the officer would have a reasonable articulable suspicion to stop you.

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