Possible to get speeding and impeding traffic tickets at same time?

[Zmapper]

I-94 is under construction between the northern Chicago suburbs and the Wisconsin line, and currently has a 45 mph limit. Of course, few obey that limit, with the median speed closer to 60 mph and the 85th percentile closer to 65 mph. This presents the driver with two main options:
1. Drive at the posted 45 mph limit, and be pulled over for impeding traffic.
2. Drive at the flow of traffic (60-65 mph), and be pulled over for speeding.

This is especially an issue for me because I drive a car with Colorado license plates, meaning every police agency thinks I am the next highly profitable drug bust and wants to find any reason to pull me over. I chose to compromise and drive 50 mph, seeing that 5 over isn't high enough to pull over for (especially given the speed of other drivers), and travelling above the speed limit would mean it would be challenging to give an impeding traffic ticket.

But a larger question remains - technically, I am speeding by travelling 5 over the posted limit, and it could be construed that I am impeding traffic by driving below the general flow of traffic. Could I be hypothetically be pulled over in this situation and given two tickets at the same time, one for speeding in  a work zone, and one for impeding traffic?

[NE2]

No.

No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation of his vehicle or in compliance with law.

Though, actually, if you're doing 5 over, you're not doing 5 over in compliance with law. So maybe you could, but not if you do the limit.

[wxfree]

In Texas (presumably most other states have something similar):

"An operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law."

The only relevant defense I see is "compliance with law."  I take that to mean if you go 45, then you can't be cited for obstruction.  If your low speed is not in compliance with law, but is still impeding, then I could see the impeding being an offense.  You could certainly argue the case if you wanted to get the impeding ticket dismissed, but I don't see a true defense in the strict wording of the statute as written in Texas.

[Jardine]

Another oddment:

I believe this was Illinois (or maybe an adjacent state, LOL) and I was told you could be ticketed for 'compound maneuver'.

The example I recall was making a left turn onto a multi lane street, and not turning into the nearest lane.  You are making a left turn AND changing lanes at the same time, and this is verboten.

Am I remembering this correctly, or maybe messed up the terminology ??


(BTW, I love these legal threads in regards to motor vehicle operation, thanx!!)

[NE2]

I believe this was Illinois (or maybe an adjacent state, LOL) and I was told you could be ticketed for 'compound maneuver'.

The example I recall was making a left turn onto a multi lane street, and not turning into the nearest lane.  You are making a left turn AND changing lanes at the same time, and this is verboten.

This appears to be a specific law about turning on red (e.g. Wisconsin):

Vehicular traffic facing a red signal at an intersection may, after stopping as required under subd. 1., cautiously enter the intersection to make a right turn into the nearest lawfully available lane for traffic moving to the right or to turn left from a one-way highway into the nearest lawfully available lane of a one-way highway on which vehicular traffic travels to the left.

Otherwise the pigs can ticket you for what they want, and DMV manuals can lie about the law, but the law in many states doesn't seem to prohibit turning into a farther lane when safe.

Also: http://onlineathens.com/stories/060909/new_448974855.shtml

But after considering a lawsuit by McNair, the state Supreme Court ruled Monday that the traffic law governing left turns is so baffling that it violates the Georgia constitution and justices struck down the law.

and this actually has clear language, where many other states don't: "leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction"

Here's a state that doesn't require it: http://indianacourts.us/blogs/caseclips/2011/10/28/gunn-v-state/

The State cites the Indiana driver's manual, which states, "To turn left, be in the far left lane for your direction of travel."  Driver's Manual, Chapter 5, 54 (2011), http://www.in.gov/bmv/files/Drivers_Manual_Chapter_5.pdf (last visited Oct. 5, 2011). Though such advice may constitute wise policy, it is not a law of this state.

(not to mention that the manual doesn't even lie about it like many do, but merely talks about lane position before making the turn)

[doorknob60]

Sound like the Bend Parkway. Speed Limit of 45, average speed of like 55, with drivers going 65 not uncommon (it's not a full freeway, and I'd say the limit should be 55, but not higher). You can say the same to almost any highway in Oregon. Like US 20 between Bend and Burns, 55 speed limit, average of 65-70, and 80+ not uncommon. It's dangerous to go the speed limit in these places! It's impossible to drive the speed limit and not be impeding the flow of traffic on most Oregon highways.

[Scott5114]

If you're really all that concerned about it, you could avoid the work area altogether.

[jeffandnicole]

I-94 is under construction between the northern Chicago suburbs and the Wisconsin line, and currently has a 45 mph limit. Of course, few obey that limit, with the median speed closer to 60 mph and the 85th percentile closer to 65 mph.

Is this official, or just your observations?

Using what you said below, you are driving 50 mph.  Thus, you can easily see the people that are passing you.  You can also see the people that you are passing.  But you can't easily see those that are doing the same speed.  If there's half the highway doing 50 mph in front of you and behind you, your median/85th percentile speeds will be much lower.  The only way to truly know those average speeds is to stand in a stationary position and record the speeds of every vehicle that passes by that location.

This presents the driver with two main options:
1. Drive at the posted 45 mph limit, and be pulled over for impeding traffic.
2. Drive at the flow of traffic (60-65 mph), and be pulled over for speeding.

Answer to #1: If you're in the right lane going the speed limit, then you wouldn't be impeding traffic for going the speed limit.  As long as you're keeping right except when passing, you are fully within the law.

Answer to #2: Doesn't matter what the rest of the people are doing.  The correct statement is "Driving at 60-65 mph, and be pulled over for speeding".

This is especially an issue for me because I drive a car with Colorado license plates, meaning every police agency thinks I am the next highly profitable drug bust and wants to find any reason to pull me over. I chose to compromise and drive 50 mph, seeing that 5 over isn't high enough to pull over for (especially given the speed of other drivers), and travelling above the speed limit would mean it would be challenging to give an impeding traffic ticket.

Have you been pulled over?  Because your own statements say you are breaking the law, but yet it doesn't appear any police agency has found a reason to pull you over.

[hbelkins]

If you're driving the speed limit, you should be OK.

As for turning into one lane or another, I was taught in driver's ed and by the Kentucky driving manual that you are to turn into the nearest lane. If there is a single left turn lane onto a multi-lane road, you're to turn into the leftmost lane.

[realjd]

You're asking the wrong question. Cops can write ticket for anything they want. The question should be "would getting a speeding and impeding traffic ticket at the same time stand up in court?"

[vdeane]

This is especially an issue for me because I drive a car with Colorado license plates, meaning every police agency thinks I am the next highly profitable drug bust and wants to find any reason to pull me over. I chose to compromise and drive 50 mph, seeing that 5 over isn't high enough to pull over for (especially given the speed of other drivers), and travelling above the speed limit would mean it would be challenging to give an impeding traffic ticket.

Have you been pulled over?  Because your own statements say you are breaking the law, but yet it doesn't appear any police agency has found a reason to pull you over.

Surrounding states are on high alert since Colorado just legalized marijuana.