Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum  

Go Back   Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum > Speed Trap & Traffic Enforcement > Economics & Politics
Radar Detectors Forum Logon:

Economics & Politics Discussion of the economic and political market driving factors of automated enforcement technology.

LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 2008-06-27
NMA Reporter NMA Reporter is offline
Senior Member
Join Date: 2008 Feb
Posts: 125
NMA Reporter is on a distinguished road
Exclamation Tennessee Supreme Court Upholds Tickets for Dawdlers

Article: Tennessee Supreme Court Upholds Tickets for Dawdlers

Chief Justice BarkerDriving through Tennessee so slowly that traffic begins to back up is now a ticketable offense. The state's supreme court on Monday issued a unanimous ruling making it clear that dawdling on the road can be considered a crime.

The case began when Chattanooga Police Officer Joseph Shaw noticed a slow-moving Nissan Altima on Market Street at about 1am on May 11, 2005. Shaw estimated the Altima driver was driving at 25 MPH on the four-lane road, even though the speed limit was 35 and the rest of the traffic on the road was flowing smoothly at 50 MPH. This difference in speed caused a backup, according to Officer Shaw.

"When (approaching automobiles) would come up behind us they would have to brake fairly quickly and change lanes in order to pass," Shaw testified. "And there was moderate traffic even for that time of night on that road."

Shaw followed the Altima for about fifteen blocks before deciding to pull over the driver, Richard Adam Hannah. Hannah had no license and showed some signs of intoxication. A later search discovered a small amount of cocaine and marijuana in the car, resulting in the arrest of Hannah and his passengers. Shaw's basis for the stop was a law against impeding the flow of traffic.

"No 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 compliance with law," Tennessee Code section 55-8-154 states.

A trial court decided this law did not apply to the situation at hand and threw out the evidence against Hannah and his passengers. The trial court, with the support of appellate courts, interpreted the word "impede" in the statute as coming to a stop on the road and blocking other drivers from continuing on their way. The supreme court did not buy this interpretation.

"Had the legislature intended for a violation to occur only when an automobile was completely stopped in the roadway or caused other automobiles to stop, we presume it would have said so," Chief Justice William M. Barker wrote. "Accordingly, we agree with the state that the trial court's interpretation that a driver must cause other automobiles to come to a stop and wait for an unreasonable amount of time is too restrictive and would essentially emasculate the import of the statute."

The high court found that drivers may travel slowly, but only if that slowness does not cause a backup for other motorists or violate a posted minimum speed. The court also added in a footnote that driving at the speed limit is "normal and reasonable" even when everybody else on the road is traveling much more quickly.

A full copy of the decision is available in a 95k PDF file at the source link below. Source
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Tennessee Appeals Court Reiterates Its Support for Red Light Cameras NMA Reporter Economics & Politics 1 2009-05-14 21:04
Minnesota Supreme Court Orders Access to Breathalyzer Source Code NMA Reporter Economics & Politics 0 2009-05-04 20:02
California Supreme Court to Review Red Light Cameras NMA Reporter Economics & Politics 0 2008-09-28 11:30
Iowa Supreme Court Saves Photo Ticketing Program NMA Reporter Economics & Politics 0 2008-08-29 21:42
Trial By Declaration: Fight A Traffic Ticket Without Going To Court NMA Reporter NMA Articles 0 2008-05-17 19:37

All times are GMT -4. The time now is 22:14.

©2019 SpeedTrapHunter