7.750 — DRIVING UNDER THE POSTED SPEED LIMIT

Violations of "Statute 7.750" results in an Infraction and a fine of $200

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(a) Definitions

Driving under the posted speed limit refers to operating a vehicle at a speed significantly below the legally posted speed limit when it is not warranted by road conditions or traffic laws. This offense generally involves driving slower than the flow of traffic in a manner that impedes the normal movement of vehicles.

(b) Elements

To establish the offense of driving under the posted speed limit, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was driving a vehicle on a public roadway.

• The defendant's speed was significantly below the posted speed limit.

• The defendant's driving speed caused an obstruction or disruption to the flow of traffic.

• The defendant was not driving under conditions (such as poor weather, traffic, or construction zones) that warranted driving below the posted speed limit.

(c) Defenses

Defenses against a charge of driving under the posted speed limit may include:

• The defendant was driving below the speed limit due to poor weather conditions (e.g., rain, fog, snow), requiring slower speeds for safety.

• The defendant was driving in heavy traffic or construction zones, where slower speeds are necessary.

• The defendant had an emergency situation that required them to drive at a slower speed than posted.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The defendant's slow driving was deliberate and caused significant traffic congestion or delays.

• The defendant's actions resulted in other vehicles having to brake or swerve to avoid a collision.

• The defendant has a history of causing traffic disturbances or violations related to speed limits.