California Highway Patrol Officers are trained to watch out for slow drivers as a potential indicator of impairment. Occasionally, prosecutions for DUI arise from a traffic stop where the sole reason for the stop was a driver driving below the speed limit!
Although some people probably drive slower if they know that they are impaired to drive and deliberately drive well below the speed limit to avoid detection, driving slowly may also be a cautious response to road conditions. Unless one is impeding traffic, or weaving all over the road, no crime is committed by driving slower than the maximum speed limit.
If no other reason exists to justify a traffic stop, and a driver is otherwise driving safely with no weaving under the speed limit, a challenge should be made by filing a motion to suppress evidence under Penal Code 1538.5. This motion, if granted, would result in a dismissal of DUI charges.
If you wish to speak to a California DUI Lawyer about probable cause in DUI cases and how to argue suppression motions, please call Nigel Witham.