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steering wheelAlthough it is technically against the law to drive too slowly, especially on freeways and interstates, officers in Independence and Mammoth Falls rarely pull people over for this violation, and almost never issue citations.

California does not have a minimum speed limit, even in the right lane. But officers may use their discretion if the vehicle is moving so slowly that it impedes traffic. Many times, the slow-moving drivers are afraid to drive on the freeway. Rather than issue citations, the officers direct them onto a surface road.

VC 21654 is a one-point violation that carries a $35 fine that with assessments can be several hundred more.

Speed Variance

According to those who study traffic safety, a motorist travelling at 45mph in a 65mph zone is every bit as hazardous as a driver moving at 85mph in a 65mph zone. Despite the evidence, the fast driver will nearly always get a speeding ticket, and the slow driver may not even get a warning. Why?

Speeding is an objective infraction, especially if the officer used RADAR or Lidar. These tickets are easy to prove in court, because the officer needs only testify about the numbers on the device. But the slow-moving vehicle law is subjective. The state must prove that the motorist was travelling “at a speed less than the normal speed of traffic moving in the same direction.” There’s also a financial element. A 100+mph ticket produces hundreds of dollars in revenue, while a 21654 citation generates significantly less.

One of the ways to decrease speed variance is to write more slowpoke tickets instead of focusing almost exclusively on speeding tickets.

Getting Legal Help

The aggressive lawyers at Bigger and Harman, APC, are committed to giving individuals a voice when dealing with speeding and traffic tickets. Call today at 661-859-1177 or email attorney@markbigger.com to receive the personal professional attention you deserve. En español, llame al 661-376-0214.

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