PA Judge Upholds DUI Traffic Stop Based on Driving Too Slowly

Posted in Centre County DUI on July 21, 2025

In Commonwealth v. Surovec, CR-868-2024, the Centre County Court of Common Pleas denied a motion to suppress evidence after a DUI arrest, ruling that the traffic stop was lawful because the driver was traveling at an unreasonably slow speed. This case highlights how driving too slowly—if it disrupts traffic—can provide Pennsylvania law enforcement with probable cause to initiate a traffic stop.

Facts of the DUI Traffic Stop in Pennsylvania

On May 19, 2024, around 3:00 a.m., a Pennsylvania State Trooper was monitoring traffic on Interstate 99 near Bellefonte. He observed a vehicle traveling well below the posted speed limit of 65 mph. Radar confirmed the vehicle’s speed at 50 mph, which stood out because another vehicle had to change lanes abruptly to avoid a potential rear-end collision.

After following the vehicle, Trooper Ellis initiated a traffic stop. The driver, Surovec, was arrested and charged with:

The defense filed a motion to suppress all evidence, claiming the stop was unlawful.

Was Driving Too Slowly Enough for a Lawful Traffic Stop?

Yes. Relying on 75 Pa.C.S. § 3364(a), which prohibits driving at a speed that impedes the normal and reasonable movement of traffic, the judge found that Trooper Ellis had sufficient probable cause. The Court credited the trooper’s testimony that the slow speed disrupted traffic and posed a safety concern, especially given that another vehicle had to quickly change lanes.  More specifically, the court wrote “the vehicle’s speed stood out as noticeably slow compared to the surrounding traffic, which was evident given that another vehicle had to quickly change lanes to move around the vehicle.”

Court Rejects Turn Signal Violation as Justification

The Commonwealth also argued that the stop was lawful because Surovec failed to keep his turn signal engaged throughout a turn onto Benner Pike. However, the court disagreed. The turn signal was used properly in advance of the turn, and the law does not clearly require it to remain active throughout the execution of a turn. The court noted that mobile video evidence supported the defense on this issue.

Why This Pennsylvania DUI Case Matters

This ruling confirms that driving too slowly can justify a DUI traffic stop in Pennsylvania—even if you’re not swerving or violating obvious traffic rules. Any behavior that disrupts the normal flow of traffic may trigger a lawful stop, especially late at night when officers are on alert for impaired drivers.

Possible Appeal

A primary fact in the court’s consideration was that another driver had to suddenly change lanes, but the court’s opinion does not reference if the trooper knew the speed of the other driver. If the other driver was speeding, then the fact that the driver had to suddenly switch lanes was due to the excessive speed. Also, the court noted that the vehicle’s speed was noticeably slow given the surrounding traffic. How many vehicles were present on this road 3:00 a.m.? The fact that a car needs to suddenly switch lanes on a highway with few cars around speaks more about that driver’s inability to drive safely and less about a person driving 15 miles per hour under the speed limit.

Charged with DUI After a Traffic Stop? Protect Your Rights.

If you were charged with DUI in Centre County or elsewhere in Pennsylvania after a traffic stop, you may be able to challenge the legality of that stop. Even minor traffic violations must meet legal standards for probable cause.

An experienced State College DUI Attorney can help evaluate whether police had a lawful reason to stop your vehicle—and if not, seek to suppress the evidence against you. For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.