Got a question. Is going 65 mph in a 70mph speed zone probable cause for a traffic stop?
State v. Hannah, 259 SW 3d 716 - Tenn: Supreme Court 2008 - Google Scholar
“We begin our analysis by examining the plain language of the statute, which mandates that "[n]o 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 or in compliance with law." Tenn.Code Ann. § 55-8-154(a).
...the more difficult question arises: when does a slow-moving automobile "impede" traffic? While a driver does not have to be stopped in the roadway or cause other automobiles to stop, we believe that a slow driver does not violate the statute by merely causing minor inconvenience to other motorists.
...
Employing similar reasoning, other states have concluded that when a driver's slow speed does not affect other motorists then the driver is not impeding traffic...
We conclude, therefore, that a driver of a slow-moving automobile impedes traffic when his or her reduced speed interrupts the "normal and reasonable movement of traffic" by blocking or backing up traffic, unless the "reduced speed is necessary for safe operation or in compliance with the law." Furthermore, while not an exhaustive list, we believe that when a trial court reviews whether a slow driver impeded traffic it should consider how slow the driver's automobile was
*723 traveling, the posted maximum speed limit, the posted minimum speed limit, if any, the effect on traffic, the duration of the effect on traffic, and the normal and reasonable flow of traffic in that area.
[5]Also, the trial court should consider whether other traffic could safely pass the slow-moving automobile in the right lane as provided in Tennessee Code Annotated section 55-8-118 (2004).
[6]”
(This post is not and should not be relied upon as legal advice. As always, hire a lawyer.)