§ 40-6-181(b) sets limits imposed based on the characteristics of the roadway. However, where signs are absent, O.C.G.A. Your best bet to determine the speed limit is posted signs. Basically, no person shall drive a vehicle at a speed in excess of a maximum limit. It also does not apply to authorized emergency vehicles engaged in official duties or to vehicles engaged in highway maintenance and construction operations. There are some exceptions to this provision including: when traffic conditions or congestion make it necessary to drive in the passing lane, hen inclement weather, obstructions or hazards make it necessary to drive in the passign lane, when compliance with a law of this state or an official traffic control device make it necessary to drive in the passing lane, when a vehicle must be in the leftmost lane to exit the highway or turn left, on toll roads when necessary to pay the toll or use a pass. Passing lane means the most left hand lane other than a high occupancy vehicle lane.
10 FREEWAY EXPRESS LANE SPEEDING CITATION DRIVER
This law applies even if the motorist is driving the speed limit and the overtaking driver is speeding.
10 FREEWAY EXPRESS LANE SPEEDING CITATION DRIVERS
Where the motorist is driving in a direction that has two or more lanes devoted to that direction, it would be an offense to drive in the passing lane so as to block drivers overtaking the driver from the rear at a higher rate of speed. This law applies on roads, streets or highways with two or more lanes traveling in the same direction. The third way of being charged with driving too slowly is to violate what is known as the “slow poke” law. but a driver encountering heavy fog or smoke or pounding rain or snow and ice could be justified in driving well below that limit. So, for instance, the minimum limit might be 45 m.p.h. Where such minimum limits are posted, it would be an offense to drive at a speed below the posted minimum except when it was necessary for safe operation. The most common place that such signage will be found will be on major state highways or on interstate highways. The commissioner of public safety and the commissioner of transportation can set a minimum speed limit based on engineering and traffic investigations. The second is driving a speed below that posted on a minimum limits sign. Basically, a driver cannot drive so slowly as to impede the normal and reasonable movement of traffic, except when that is necessary for safe operation. The first is referred to as impeding traffic flow. § 40-6-184 provides three means of charging a driver of driving too slowly. However, it is worth noting that most officers will be of the view that they are doing the driver a favor by charging them with too fast for conditions instead of a speeding offense, since too fast for conditions carries no points for a Georgia licensee. Many, many officers are unaware of the need to provide an estimate of speed and to identify the condition that made driving that speed unsafe. This means that the State must identify the conditions which caused the need for a lower speed and an estimate of the speed of the vehicle. For the charge to be valid, the officer must identify sufficient criteria to meet constitutional requirements.
This is an interesting statute because it is not constitutional on its own. § 40-6-180 directs that no person shall drive at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing.Įxamples of conditions that might require a lesser speed include approaching and crossing an intersection or railroad grade crossing, approaching and going around a curve, when approaching and traversing a hill crest, when traveling a narrow or winding roadway, or when special hazards exist with respect to pedestrians or other traffic by reason of weather or highway conditions. This would typically be charged as too fast for conditions.
It is worth noting, however, that speeding can be charged even when the speed being traveled is not known precisely and even where the speed is below the otherwise applicable maximum limits.
In these days of radar and laser speed detection devices, the latter is the more common violation. There are two basic categories of speeding offenses: too fast for conditions and speeding in violation of minimum or maximum limits.
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