Speeding With the Flow of Traffic – Is This a Justified Way of Speeding?
Normally when driving down a freeway or interstate, many cars are going at least 5 to 10 miles over the speed limit. This happens everyday all over the country. Many drivers feel somewhat pressured to match the speed of the surrounding vehicles otherwise knowing as speeding to go with the flow of traffic. But is this going to work with a speeding ticket defense?
Some states have exceptions for certain types of speeding, but it doesn’t seem that going with the flow is one of those exceptions. Maintaining the speed with other speeders is still considered speeding and can result in a speeding ticket. So what can one do?
The safest thing to do to avoid accidents and being pulled over is to get to the right lane and go the speed limit and not worry about those behind you. This will ensure you won’t get pulled over at all.
But let’s say you go with the flow and are pulled over. If you happen to be the unlucky one who gets pulled over, the worst thing that you can do for your defense is to admit you were speeding. You don’t have to incriminate yourself whether it’s a speeding violation or any other offense car related or not. Starting off with excuses will end up in losing. Going with the flow won’t get a valid excuse. It would be more advantageous to be kind and considerate to the officer hoping for a warning as opposed to a ticket.
In some states there actually are some exceptions for breaking the speed limit. For example, some allow you to pass and be speeding while passing another vehicle. Others do not under any circumstances. This is why knowing the local driving laws are important. There are cases where the officers do not know every single law and are only doing their best. They can make mistakes which you can fight in court.
A few points you might be able to argue about being caught speeding with the flow of traffic is that you were not going as fast as posted or challenging the method of which you were pulled over. For example in a bunch of cars it’s hard for the officer to conclusively say it was your speed he or she monitored as opposed to someone else’s. It’s also not legal to be pulled over based on pacing in many jurisdictions where the officer guesses at your speed based on their speedometer.