PORTLAND, Ore. (AP) – The Oregon Court of Appeals says motorists traveling just under the speed limit don’t have to shift to the slow lane.
The court Thursday reversed the conviction of a man accused of drunk driving after a Multnomah County deputy stopped him for failure of a slow driver to drive on the right. The motorist, Rian Murphy, had been traveling 32 mph late at night in a 35-mph zone.
Murphy sought to suppress evidence collected after he was pulled over, arguing the deputy lacked probable cause for the stop.
The Appeals Court agreed, saying 32 mph was not too slow for the left lane. The opinion notes that Murphy was only four mph away from speeding, and says the Department of Motor Vehicles advises motorists to reduce speed at night.