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State v. Whelchel7/23/2004
tted.) State v. Armstrong, 223 Ga.App. 350, 352(2), 477 S.E.2d 635 (1996).
The arresting officer testified that he stopped Whelchel because he was going ten mph under the posted speed limit and he did not yield to the vehicles behind him, impeding the flow of traffic. OCGA § 40-6-184(a) provides that:
(1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation.
(2) On roads, streets, or highways with two or more lanes allowing for movement in the same direction, no person shall continue to operate a motor vehicle in the most left-hand lane at less than the maximum lawful speed limit once such person knows or should reasonably know that he is being overtaken in such lane from the rear by a motor vehicle traveling at a higher rate of speed, except when such motor vehicle is preparing for a left turn.
The officer testified that he was five or six car lengths behind Whelchel. He further testified that the other vehicles slowed down behind the officer's vehicle, admitting he did not know if the other vehicles slowed down because of the presence of his police vehicle, or because the defendant impeded their progress. The officer stated that the vehicles were at a safe distance behind Whelchel's vehicle and there was nothing preventing the vehicles from maneuvering into the far right lane in order to pass Whelchel.
Although Whelchel was traveling ten mph under the posted speed limit, the closest vehicle was more than six car lengths behind his vehicle. Under these facts, the officer's belief that Whelchel was impeding the flow of traffic was an insufficient basis for initiating an investigative stop. Therefore, the trial court was correct in finding there was no articulable suspicion for the stop and properly granted the motion to suppress. See Raulerson v. State, 223 Ga.App. 556, 557(2), 479 S.E.2d 386 (1996) (defendant could not have impeded flow of traffic where there was no traffic on the road).
Judgment affirmed.
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