VC 22400(a) Driving Too Slowly in CA. Traffic Lawyers Explain Vehicle Code 22400(a) Law, Penalties & Defense.
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In California, it is illegal to drive too slowly on a highway when slow driving tends to block the normal and reasonable rate of speed. Such slow driving impedes emergency vehicles and causes unreasonable risk to other drivers that drive at a reasonable speed (VC 22400(a) abbrev.).
Of course, if the flow of traffic is slower than the posted speed limit (i.e., for slow traffic, rain conditions, fog, debris in the road, steep grade, etc.,) then the driver must also drive slower than the posted speed limit and within the reasonable rate of speed for safe driving under the circumstance.
Example: David is driving forty miles per hour (40 MPH) on a freeway. The surrounding drivers drive sixty-five miles per hour (65 MPH); the weather is clear; there is no debris in the road and there is no steep grade that explains David’s slow driving.
Result: David is in violation of VC 22400(a) because he is driving too slow on a highway. David’s slow driving makes other drivers necessarily pass David at a high rate of speed, which causes higher risk to injury to both David and other drivers.
Stopping on Highway: Similar to driving too slow on a highway, it is illegal to stop on a highway unless there is good reason to come to a stop, such as traffic accident, debris in road, extreme weather conditions, debilitating mechanical breakdown of vehicle, etc. (VC 22400(a)).
Note: Mechanical breakdown of vehicle, or minor traffic accidents, do not allow drivers to drive too slowly on the road, or even stop on the road, if the mechanical breakdown or traffic accident does not disable the vehicle to the point where the vehicle will not drive or there is risk of greater danger to move the vehicle.
Example: David and Sarah get into a minor fender bender traffic accident on a busy freeway. Sarah stops her car in the middle of the busy freeway because she does not want to pull her car to the side of the freeway as she is nervous that David will flee if she does not impede David’s path.
Result: Sarah is in violation of VC 22400(a) because stopping in the middle of a busy freeway for a minor traffic accident is more dangerous than pulling her car to the side of the road. Sarah’s fear that David might flee the scene of the minor traffic accident does not justify Sarah’s creation of an unreasonable risk to other drivers on the road.
Minimum Speed Posted: Sometimes, the Department of Transportation (DOT) posts minimum speeds in certain areas of a highway (VC22400(b)). This minimum speed must be obeyed unless there is a greater risk to driving at the minimum speed posted than driving below the minimum speed (i.e., car accident, debris in road, weather conditions, etc.).
Note: VC 22400(a) only applies to vehicles that are subject to vehicle registration.
Use of Turnouts: Per VC 22400(a) a driver must use road turnouts where available on two-lane highways when the driver has five or more vehicles trailing the driver’s vehicle at speeds that are unsafe under the circumstances (i.e. slow-moving vehicles driving up steep grades, such as mountain roads).
Under Speed Limit Not a Defense: It is not a defense to VC 22400(a) to argue that the driver was driving under the post speed limit and there was no “minimum speed” posted.
Example: Betty is driving fifty-five miles per hour (55MPH) in the far left ‘fast lane’ of a freeway. The freeway is clear of traffic, debris, bad weather or steep inclines. Vehicles traveling at seventy miles per hour (70 MPH) are constantly driving around Betty because Betty is driving way to slow under the circumstances.
Result: Betty is cited for a violation of VC 22400(a). This is true even though Betty is not “speeding” and there is no posted speed minimum. This is because Betty is creating a dangerous hazard for both her and other drivers on the freeway with her extremely slow driving.
VC 22400 Penalties
A violation of VC 22400 (Driving Too Slowly on Highway) is classified as an infraction (as opposed to a misdemeanor or felony).
The driver is not facing jail or other incarceration after a finding of guilt to a violation of VC 22400; rather, the traffic offender will face all of the following:
Court Fines & Penalties up to $1,000 for non-commercial drivers and more for commercial drivers.
One (1) point on the drivers driving record (moving violation).
Increased insurance rates
Traffic school (for non-commercial drivers).
VC 22400 Defense
Common defenses to a violation of driving too slowly on a California highway include vehicle emergency with no safe place to yield a vehicle, medical emergency of driver, passenger, or person on road, improper use of radar or Lidar guns by law enforcement, traffic conditions require slow driving, duress, unclear or obstructed speed limit postings, and more.
Traffic Court Trial: The defendant has a right to a trial after receiving a citation for a violation of VC 22400 [Driving Too Slowly]. The traffic court trial may be by declaration or by live testimony and the driver has the right to present evidence in his or her favor (i.e., dashcam footage, video footage, testimony of witnesses, car data information, etc.).
Note: Regular and ongoing medical conditions that require the driver to drive more slowly than surrounding traffic is not a defense to VC 22400 (i.e., person who needs to drive slower than other drivers because of bad eyesight of personal injury).
Ignoring Traffic Ticket: Failure to appear as promised on a citation ticket (the signing of the ticket) may result in another vehicle code violation called ‘failure to appear at traffic court (FTA)’ (VC 40508). The penalties related to FTA and VC 40508 are in addition to the penalties related to the underlying citation for driving too slowly (VC 22400(a)).
Civil Lawsuits: Driving too slowly on a highway creates dangerous driving conditions for both the offender and other drivers. If the slow driver causes an accident because of his or her unreasonably slow driving, then that slow driver may be sued in civil court for negligence to pay for any damages that are directly and proximately caused by the slow driver.
Note: Driving too slowly and VC 22400 are commonly cited by law enforcement as the valid reasons to stop a suspected drunk driver (DUI).
To learn more about California minimum speed laws, or Vehicle Code 22400, contact our traffic and criminal defense lawyers today for a free consultation. Our team of award-winning criminal defense lawyers, including winning trial lawyers, have successfully helped thousands of people charged with infraction, misdemeanor and felony driving offenses.
We offer free consultations for all vehicle code violation criminal charges in the Inland Empire, including Victorville, Ontario, Upland, Redlands, Rancho Cucamonga, Riverside, San Bernardino, Yucaipa, Banning, Fontana, Hesperia, Moreno Valley, Beaumont, Highland, and more. Call today!
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