§ 21654 CVC – -Driving Too Slowly, Not on the Right
Table of contents
Click To travel To Chapters
1. What is Driving Too Slowly, Not on the Right?
2. What are examples of Driving Too Slowly, Not on the Right?
California Vehicle Code § 21654 (CVC) requires drivers to operate their vehicles at reasonable speeds and to stay in the rightmost lanes to avoid impeding traffic. Driving too slowly or not staying in the right lane can lead to traffic congestion and create hazardous conditions on the road. Below are examples that illustrate what constitutes driving too slowly and failing to stay on the right side of the road.
1. Driving Below the Speed Limit on Multi-Lane Roads
One of the most common examples of driving too slowly is when a driver operates their vehicle significantly below the speed limit, particularly on multi-lane roads or highways. While the law does not require drivers to go exactly at the speed limit, it does expect them to drive at a speed that is reasonable for the conditions and the flow of traffic.
Example: A vehicle traveling at 30 mph on a freeway with a posted speed limit of 65 mph and other cars traveling at or near the speed limit would be considered driving too slowly. This can cause other drivers to brake suddenly or change lanes abruptly, leading to accidents.
2. Not Moving to the Right Lane When Being Overtaken
In most traffic situations, slower-moving vehicles are expected to stay in the rightmost lane, particularly when faster-moving vehicles need to pass. When a vehicle fails to move to the right, it obstructs the flow of traffic and may force other drivers to navigate around it unsafely.
Example: A driver is traveling at 45 mph in the left lane of a highway while other cars behind them are trying to pass at 65 mph. If the driver does not move to the right, they are obstructing traffic and creating a dangerous situation.
3. Blocking Faster Traffic in a Passing Lane
The left lane is typically reserved for passing or overtaking other vehicles. Drivers who remain in the left lane at a slow speed, even when there is no immediate need to pass, can cause delays and frustration for other drivers. This is especially true on highways or roads where the left lane is used to accelerate past slower vehicles.
Example: A driver stays in the left lane while driving at 50 mph, even though there are no vehicles ahead of them. Meanwhile, other vehicles want to pass and are forced to either slow down or maneuver around the slower vehicle, leading to potential conflicts.
4. Failure to Yield to Faster Traffic
Sometimes, a driver might not intentionally drive slowly but fails to adjust their speed to match the flow of traffic. This is especially problematic when entering highways, merging lanes, or in areas where the speed limit increases rapidly.
Example: A driver enters a highway from an on-ramp and stays at 40 mph in a zone where the speed limit is 65 mph, forcing other vehicles to slow down to avoid collisions. This is an example of not matching the speed of surrounding traffic, which can result in traffic disruption or even accidents.
5. Driving Slowly in the Left Lane on Two-Lane Roads
On two-lane roads with one lane in each direction, the left lane should only be used to pass other vehicles. If a driver is traveling too slowly and remains in the left lane, it creates an unsafe environment for other drivers who need to pass or change lanes.
Example: A vehicle moves at 30 mph in the left lane of a two-lane road, causing drivers behind to tailgate, flash their lights, or attempt to pass in unsafe locations, such as the shoulder or a turn lane.
6. Failing to Yield to Traffic Behind in Congested Areas
In heavy traffic, especially in areas with limited lanes, driving too slowly and failing to stay to the right can result in slow-moving vehicles blocking multiple lanes of traffic. This behavior increases the likelihood of collisions or creates unnecessary road rage.
Example: During rush hour, a driver continues to drive at 35 mph in the left lane when faster-moving cars are trying to pass. They fail to yield or move to the right, causing a backup and forcing other vehicles to either follow closely or make unsafe lane changes.
3. What are the penalties for Driving Too Slowly, Not on the Right?
Driving too slowly and failing to remain in the rightmost lanes can cause traffic disruptions, road rage, and dangerous driving conditions. In California, these actions are addressed under California Vehicle Code § 21654. If a driver is found guilty of not following the rules about lane use and driving too slowly, there are specific legal penalties and consequences they may face. Below is an outline of the penalties and what you need to know if you are ticketed for this offense.
1. Traffic Tickets and Fines
One of the most common penalties for violating California Vehicle Code § 21654, which governs driving too slowly and not keeping to the right, is a traffic ticket. A driver found guilty of driving too slowly in an improper lane can receive an infraction citation.
Ticket Fines: Fines for infractions typically range from $100 to $200, but this can vary depending on the specific circumstances of the violation and the county in which the ticket is issued. Additional fees or court costs may be added, raising the total cost of the citation.
Administrative Fees: Depending on the location of the offense, there may be extra administrative fees associated with handling the citation, which can make the total cost of the ticket more expensive.
2. Points on Your Driving Record
When you are ticketed for an infraction under California Vehicle Code § 21654, the offense may result in points being added to your driving record.
1 Point: In most cases, driving too slowly or failing to remain in the right lane results in one point being added to your driving record. Accumulating points can lead to increased insurance premiums and may impact your driving privileges.
Traffic Violations: Accumulating too many points in a short period (usually 4 points in 12 months) could trigger a driver’s license suspension or require you to attend traffic school.
3. Traffic School for Repeat Offenders
If you receive a citation for driving too slowly or obstructing traffic under VC § 21654, you may be eligible for traffic school, particularly if it is your first offense or if you want to avoid points on your driving record.
Traffic School: Completing a court-approved traffic school course can help you remove points from your record and prevent higher insurance rates. However, if you have a history of driving violations, the court may require additional conditions or not offer traffic school as an option.
4. Increased Insurance Premiums
Receiving a ticket for driving too slowly or improperly using lanes can cause your auto insurance rates to increase. Insurance companies view traffic tickets and points on your record as indicators of risky driving behavior, and they may adjust your rates accordingly.
Rate Increase: If points are added to your driving record, your insurance provider may raise your premium. The increase depends on the severity of your offense and how many points you accumulate.
5. Potential for Accidents and Civil Liability
While California Vehicle Code § 21654 primarily addresses traffic safety, drivers who violate this law by driving too slowly or failing to stay to the right may also be contributing to accidents. If your slow driving causes a collision or injury, you may face additional legal consequences, such as:
Liability for Injuries: If another driver crashes into your vehicle due to your failure to move right or drive too slowly, you could be held liable for damages. If a lawsuit is filed against you, you could face significant financial penalties.
Insurance Claims: If an accident occurs as a result of your driving behavior, your auto insurance may be used to cover damages, but you may experience higher premiums for being at fault in an accident.
6. Court Appearances
In some cases, individuals ticketed for driving too slowly or not staying on the right may be required to appear in court. This is typically not the case for minor violations or first-time offenses, but it could happen if:
You contest the ticket or dispute the charge in court.
The violation leads to an accident or further legal consequences.
7. Possible License Suspension (In Severe Cases)
While a single VC § 21654 violation may not result in a suspension of your driver’s license, repeated offenses or failure to appear in court could trigger suspension proceedings. For example, if you accumulate numerous citations for driving too slowly or obstructing traffic, the California Department of Motor Vehicles (DMV) may take action against your driver’s license.
Reckless Driving: In cases where driving too slowly is combined with other forms of reckless driving or negligent behavior, the DMV could suspend or revoke your license.
4. What are legal defenses for Driving Too Slowly, Not on the Right?
If you’ve been charged with driving too slowly or failing to stay in the right lane under California Vehicle Code § 21654, you may wonder what legal defenses could apply to your case. While these offenses are typically considered minor infractions, they can still result in fines, points on your driving record, and potential consequences like increased insurance premiums. In some cases, defending the charge may help avoid or reduce the penalties. Here are some of the common legal defenses that may apply if you have been accused of driving too slowly or improperly using lanes.
1. Emergency Situation or Necessity
One potential defense to driving too slowly or not staying in the right lane is that you were facing an emergency situation that required your actions. California law recognizes a “necessity” defense, which can be used when a driver is forced to violate traffic laws to avoid harm or danger.
Example:
You may have been forced to drive slowly due to mechanical issues with your vehicle or weather conditions that made it unsafe to drive at a higher speed or in the right lane.
You could have been in a situation where avoiding a collision or maneuvering around an obstruction required driving at a slower speed or temporarily moving to the left lane.
To use this defense, you would need to show that the emergency was real, and that driving in this manner was necessary to prevent harm. If the court agrees that there was a valid emergency or necessity, this could potentially lead to a dismissal of the charges.
2. Vehicle Malfunction or Mechanical Failure
A vehicle malfunction or mechanical failure may also serve as a defense for driving slowly. If your car suddenly developed an issue, such as engine failure, flat tires, or braking problems, and you had no control over the situation, this might explain why you were driving below the speed limit or not in the right lane.
Example:
Your car’s engine stalls or starts misfiring, causing you to slow down significantly.
A flat tire or blown tire might cause you to drive at a slower pace and be unable to safely move to the right lane until you can safely pull over.
In this case, you would need to demonstrate that the mechanical failure was not your fault, and that you acted appropriately in response to the situation by slowing down or trying to get out of the way. You may need to show repair receipts or maintenance records to support this defense.
3. Faulty Traffic Signs or Markings
Another defense could be that the road signs or lane markings were unclear, misleading, or damaged, which caused you to drive too slowly or not stay in the right lane. If the traffic signs or lane markings indicated incorrect instructions or made it difficult to discern lane rules, you might be able to argue that you were in compliance with the law as you understood it at the time.
Example:
There could have been a faded lane marking or confusing road signs that made it unclear which lane you should be in.
You might have driven too slowly because the road had construction zones or other temporary changes to lane usage, and you were trying to follow the unclear instructions.
If you can show that the signs or road conditions contributed to your failure to stay in the right lane or drive at the appropriate speed, the court may dismiss the charge or reduce the penalties.
4. Lack of Intent to Violate the Law
California law requires that a driver’s actions be intentional or negligent in order for a violation to occur. If you can show that you did not have the intent to violate VC § 21654 or that your behavior was accidental, it may serve as a valid defense.
Example:
If you were unaware of the speed limit changes, you may argue that driving too slowly was not intentional, but due to a lack of knowledge of the conditions at the time.
If you inadvertently did not stay in the right lane due to inattention, but did not consciously block traffic, you may be able to claim that the violation was unintentional.
While inadvertence or ignorance of the law are generally not valid defenses, in some cases, demonstrating that the act was not intentional could influence the court to reduce the severity of penalties.
5. Lack of Sufficient Evidence
As with any legal case, a defense may be based on a lack of sufficient evidence. The prosecution must prove that you violated the law, and if they fail to provide adequate evidence, the charges against you may be dropped.
Example:
The officer who issued the ticket may not have properly observed the situation or documented it accurately.
There may not be clear evidence that you were driving too slowly or were not staying in the right lane at the time of the offense.
If you can demonstrate that the evidence is insufficient to prove your guilt, you may be able to have the charges reduced or dismissed altogether.
6. Police Officer Error
Sometimes, the officer who issues the ticket may make an error in issuing the citation. This could include mistakes like incorrectly identifying the vehicle, misunderstanding the situation, or even failing to provide the proper documentation for the violation.
Example:
The officer might have mistaken your vehicle for someone else’s, especially in traffic-heavy areas or poor weather conditions.
The citation may have been issued for a violation that didn’t actually occur due to miscommunication or misperception.
If you can prove that the officer made a mistake, this could serve as a defense for your case.
our clients say it best
Client Testimonials
5. What are related offenses to Driving Too Slowly, Not on the Right?
Protecting Your Rights, Defending Your Future
Get in touch with our lawyers today to schedule a consultation and learn how we can help you. We are here to answer your questions and provide you with the support you need during this difficult time.
Client Satisfaction Is Priority
You Are More Than What They Say
We Always Go The Extra Mile