Spartanburg County Circuit Court Judge Roger L. Couch ruled that driving just 5 MPH under the speed limit, not in the fast lane, is suspicious enough to justify a traffic stop. South Carolina's second highest court on October 5 examined the case, but sidestepped the speed issue to decide whether a man could be convicted of marijuana possession simply because he was in a car that contained the drug.
The three-judge appellate panel reviewed the September 16, 2008 incident that when Nicholas Carl Davy was driving in the middle lane of traffic on Interstate 85 through Spartanburg County. Andre Jackson was a passenger taking a ride to Greenville. He went to school with and was a friend of Davy's 22-year-old son.
The legal speed limit on the road was 60 MPH, but Davy was driving at 55 MPH.
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