Impeding the Flow of Traffic in Georgia – Slow Poke Law

In Georgia, the legal definition of impeding the flow of traffic is outlined in the state’s traffic laws, specifically under O.C.G.A. § 40-6-184: No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic.

This law, also known as the “Slow Poke” law, was introduced in 2014 to improve traffic congestion and reduce accidents. Minimum speed limits are enforced especially on I-285, I-85, I-75, and Georgia 400.

Impeding traffic can be demonstrated by actions such as driving slowly and forcing other traffic to maneuver around, even if traffic is not completely stopped. For instance, slowing down and stopping at a green light on a busy highway can be considered impeding traffic if it interferes with the normal flow of traffic.

The law applies to the left lane on highways, except for high occupancy vehicle lanes. Drivers are required to move out of the left lane if a faster vehicle approaches from behind, unless one of the specified exceptions below applies.

In summary, the law prohibits driving at a slow speed that impedes the normal flow of traffic, except when such a speed is necessary for safe operation or falls under one of the specified exceptions.

Impeding the flow of traffic in Georgia is a serious offense that can result in fines and points on your license. If you’ve been charged with this violation, it’s crucial to understand the law and your rights. Larry Kohn, a well-known criminal defense attorney in Atlanta, GA with over 500 AVVO 5-star reviews, specializes in traffic violations and can provide expert legal representation.

Exceptions to the Georgia Slow Poke Law

There are several situations where drivers are allowed to remain in the left lane without being charged with impeding traffic:

• When traffic conditions or congestion make it necessary to drive while slowing down
• During inclement weather, obstructions, or hazards
• When complying with an official traffic control device
• To continue to exit or turn left in left hand lanes
• On toll highways, when necessary to pay a toll or use a pass
• For authorized emergency vehicles engaged in official duties
• For vehicles engaged in highway maintenance and construction operations
• When traffic congestion make it necessary to drive in the passing lane

Penalties and Consequences

A conviction for impeding the flow of traffic in Georgia can lead to:

• A fine of up to $1,000
• 3 points added to your license
• Potential license suspension (4 points for drivers under 21, 15 points for drivers over 21)
• Increased car insurance premiums

Larry Kohn’s Approach to Impeding the Flow of Traffic GA Cases

Larry Kohn is an experienced criminal defense attorney who has represented thousands of clients for over 25 years. He knows the details of Georgia traffic laws which change regularly, and how to build a strong defense for his clients. He employs various strategies to challenge impeding traffic charges, including:

• Arguing that the slow speed was necessary for safe operation
• Demonstrating that the driver needed to turn left soon
• Proving that the driver was passing slower traffic in the right lane
• Showing that the driver was stuck behind another slow-moving vehicle

Frequently Asked Questions About This Traffic Violation

Q: Can I be charged with impeding traffic if I was driving at the speed limit?

A: Yes, if you were in the left lane and not actively passing other vehicles or preparing to turn left.

Q: What should I do if I’m pulled over for impeding traffic?

A: Remain calm, be polite, and avoid admitting guilt. Contact an experienced attorney like Larry Kohn as soon as possible.

Q: How can a criminal defense attorney help with my impeding traffic charge?

A: An attorney can review the evidence, challenge the officer’s observations, and potentially negotiate for reduced charges or penalties.

Larry Kohn’s extensive experience in criminal defense and traffic violations makes him an ideal choice for representing people charged with impeding the flow of traffic in Georgia. His proven track record and deep understanding of Georgia traffic laws can help you navigate this complex legal situation and work towards the best possible outcome.

Don’t let an impeding traffic charge impact your driving record and insurance rates. Contact Larry Kohn today for a free consultation and expert legal representation. With his help, you can fight your charge and protect your rights on Georgia’s roads.

Does a Conviction Add Points to My Driver’s License?

 

Yes, an impeding the flow of traffic charge carries 3 points. For drivers under 21 years of age, accumulating 4 or more points within a 24-month period can lead to an automatic license suspension. So, you would be just one point away from suspension if you already have one other violation.

For drivers over 21, accumulating 15 points within a 24-month period will result in a license suspension. Therefore, a conviction for impeding the flow of traffic contributes to this total and brings you closer to the 15-point threshold.

Accumulating points on your license, including those from an impeding traffic charge, can lead to higher car insurance premiums. Insurance companies often view drivers with points on their record as higher risks, resulting in increased rates.

In addition to the potential for license suspension and higher insurance rates, accumulating points can also lead to other indirect consequences. These may include difficulty obtaining insurance coverage and the requirement to take driver education courses.

If your license is suspended due to accumulating points, you will need to go through the process of reinstatement, which can be time-consuming and costly. Repeat offenses or additional points can lead to longer suspension periods or even revocation of your license.

In summary, a charge for impeding the flow of traffic adds 3 points to your license, which can contribute to license suspension, higher insurance rates, and other negative consequences on your driving record.

What Are Some Proven Defenses Against These Charges?

When arguing that your speed was necessary for safety in the context of an impeding traffic charge, here are some defense strategies you and your lawyer can discuss:

Adhering to Road and Weather Conditions

Emphasize that you adjusted your speed to match the current road, weather, and traffic conditions. For example, if you were driving on wet pavement, in heavy traffic, or during inclement weather, it may have been necessary to reduce your speed to ensure safe operation.

Compliance with Official Traffic Control Devices

If you were driving at a slower speed due to compliance with official traffic control devices such as speed limit signs, traffic signals, or road markings, highlight this as a necessary safety measure. This demonstrates that your actions were in line with legal and safety guidelines.

Avoiding Hazards and Obstructions

Explain that you were driving slowly to avoid hazards or obstructions on the road. This could include construction zones, accidents, or other safety concerns that required a reduced speed to navigate safely5.

Maintaining Safe Following Distance

Argue that your speed was necessary to maintain a safe following distance from the vehicle in front of you. This is particularly relevant if the traffic was heavy or if there were conditions that required extra caution, such as reduced visibility or slippery roads4.

Reacting to Emergency Situations

If you slowed down in response to an emergency vehicle or another safety concern, such as a pedestrian or an animal on the road, this can be a valid reason for reducing your speed. Emphasize that your actions were taken to prevent a potential accident or hazard5.

Staying Right Except to Pass

While it’s important to stay in the right lane except to pass, if you were in the left lane due to a legitimate reason such as preparing to turn or exiting, and you were driving at a safe speed relative to the conditions, this can be a defense. However, it’s crucial to move back to the right lane as soon as it is safe to do so.

Your Attorney Can Introduce Expert Testimony or Other Evidence

Consider presenting evidence or expert testimony that supports your claim. For example, if a traffic engineer or safety expert can testify that your speed was reasonable given the conditions, this can strengthen your case.

By focusing on these points, you can build a strong argument that your speed was necessary for safety and that you were not impeding the flow of traffic unnecessarily.

Exceptions When You Are Not Impeding the Flow of Traffic Intentionally

The law allows for reduced speed when it is necessary for safe operation. This means that if driving slowly is required due to road conditions, weather, or other adverse circumstances, it is not considered impeding the flow of traffic.

There are several exceptions where driving slowly in the left lane is permissible, including:

When traffic conditions or congestion make it necessary to drive in the passing lane.

During inclement weather, obstructions, or hazards.

When compliance with a law of this state or with an official traffic control device makes it necessary.

When a vehicle must be driven in the passing lane to exit or turn left.

On toll highways, when necessary to pay a toll or use a pass.

For authorized emergency vehicles engaged in official duties.

For vehicles engaged in highway maintenance and construction operations.