ART_DECO saidDepends on how the State traffic rules are written. Many freeways post both maximum & minimum speeds, and you rarely see a minimum above 40 mph. Sometimes there are signs that read "Slower Traffic Keep Right" in which case this driver may have been cited for that failure.
But 63 mph is only 2 mph below the limit, which is usually considered to be within the margin of allowable error for a car speedometer. If the police counter that she was blocking faster traffic, the question then becomes "How much faster?"
By law it can't be faster than 65 mph, and she would have had the right to be doing 65 in any open lane. The "slower traffic to the right" law only applies when driving below the speed limit; otherwise it would imply that speeding over the limit is sanctioned.
Nor on a multiple-lane highway are you allowed to pass at a higher speed than what's posted; that's a common myth. If the police say the other cars were doing 70+ then the court might inquire why THOSE drivers weren't ticketed, for violating the speed limit by much more than her 2 mph.
I have a feeling she might be able to beat this in court.
I think she likely will too. The cop probably knows this so she must have been really blocking traffic for the cop to cite her for this. In many states the law is written as you describe, but it's just asinine. If you're in the passing lane and you notice that you have traffic blocked behind you for as far as you can see, then the common sense thing to do is get the hell out of the passing lane.
I still remember going to the LEED convention from LA to Phoenix in 2009 or 2010 with one of my best friends who is just ultra conservative about everything I can think of. I had a very clean car that was just about to come off of lease and he was thinking about buying it so I was letting him drive. He lived in West LA for all of his life so he drove like where he was from. We took I-10 all of the way and as soon as he entered the freeway he'd make a beeline for the #1 lane and stayed glued to the speed limit. His argument was the same as you presented above. Problem is that when you factored a little common sense into the situation, he had a massive line of 80-85 mph traffic bottled up behind him jockeying from lane to lane trying to pass him on the right. Finally we had a number of cars pull over and pass him on the wide left shoulder blowing horns and flipping him off. It just got to the point that what he was doing, while strictly obeying the law, was so dangerous that I made him pull over and I drove the rest of the way from Palm Springs on.
I was driving with an Escort 9500IX and of course he got the last laugh when I got hit with laser driving 103 in a 70. I drop enough speed quickly enough that he couldn't identify who it was so nothing happened. I'll argue that even at 100mph I was far safer than what he was doing at exactly 65 mph in the far left #1 lane. I averaged 85-87 mph the remainder of the way to Phoenix (until their stupid ass speed cameras) without incident and smoothly and safely.