Is the Driving with the "Flow of Traffic" a Valid Defense?

Posted Thursday, August 5, 2021 by Andrew Charles Huff

With regards to traffic law, there might be few more widely spread and believed misconceptions than that of the “flow of traffic” defense. You probably understand what the flow of traffic implies just by reading the phrase, and that’s certainly a testament to how ubiquitous this myth of the road has become.

Just so we’re on the same page, let’s explain what the “flow of traffic” is. The flow of traffic is an argument that if someone is driving on a road and getting constantly passed by other drivers, it’s OK for them to speed up and match their pace with other motorists – even if it means going over the posted speed limit.

Sounds reasonable, right? It might be if we were in Germany and the U.S. interstate was the autobahn (where slower drivers are the ones who get tickets). But because neither is the case, though, any driver who is exceeding the speed limit must slow their roll.