VEHICLE CODE 22350 CVC – BASIC SPEED LAW CALIFORNIA

California’s Vehicle Code § 22350 VC establishes the basic speed law, which states that it is illegal to drive at a speed higher than what is considered safe given the current driving conditions and circumstances.

The language of the code section reads: 22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property. Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=22350

The basic speeding law in California requires drivers to maintain a reasonable and safe speed based on the circumstances of the case. The courts in California consider various factors when determining whether a speed is reasonable and safe, including:

1. The location of the road (urban, residential, rural),
2. The presence of pedestrians, bicyclists, or animals,
3. Proximity to a railroad crossing,
4. Road conditions (slippery or wet),
5. Visibility, and the presence of excessive sunlight or bright lights.
6. Additionally, driving over a hill may also affect the determination of a reasonable and safe speed.

It’s essential to note that law enforcement officers may use 22350 VC or 22350 CVC as shorthand when referring to this section of the California Vehicle Code. In California, violating the basic speeding law is not considered a criminal offense. Instead, it is treated as an infraction, meaning that you will not be subject to imprisonment or incarceration. If you choose to ignore a speeding ticket and fail to either pay the fine or appear in court, you may be charged with a misdemeanor for failure to appear, according to Vehicle Code 40508 VC. While speeding itself is considered an infraction, failing to appear can elevate the offense to a criminal misdemeanor. It is important to take any traffic citations seriously and address them promptly to avoid potential legal consequences.

TYPES OF SPEED LIMITS IN CALIFORNIA

How is the basic speed law different from specific speed limits? As per California Law, the basic speed law differs from specific speed limits as it focuses on driving at a reasonable and safe speed based on the circumstances, while specific speed limits are fixed numerical limits set for different types of roads. California has two types of speed limits:

ABSOLUTE SPEED LIMITS

These are fixed numerical limits set for different types of roads, such as highways, residential areas, or school zones. Drivers are expected to not exceed these set speed limits. If a driver exceeds them, they are automatically considered to be speeding and in violation of the maximum speed law. These absolute speed limits take precedence over California’s basic speeding law. It is important to note that it is also illegal to exceed the speed limit in a construction zone, as stated in Vehicle Code 22362. In California, the absolute speed limits prohibit drivers from exceeding certain speeds:

• On freeways marked for a speed limit of 70 miles per hour, the maximum speed allowed is 70 miles per hour (Vehicle Code 22356).
• On freeways and other highways that are not marked for a speed limit of 70 miles per hour, the maximum speed allowed is 65 miles per hour.
• On two-lane, undivided highways, the maximum speed allowed is 55 miles per hour, unless there are specific higher speed limit signs posted.

“PRIMA FACIE” SPEED LIMITS

These are speed limits that may be enforceable if deemed appropriate based on the prevailing conditions at the time. These limits are not posted on signs, but drivers are expected to adjust their speed based on the specific circumstances, such as heavy traffic, poor weather conditions, or a densely populated area, in order to maintain a reasonable and safe speed. California has “prima facie” speed limits outlined in California Vehicle Code 22352 VC. These speed limits apply unless otherwise posted and are as follows:

• 15 miles per hour at railroad crossings, in alleys, and at highway intersections where there is less than 100 feet of visibility of approaching vehicles.
• 25 miles per hour in business and residential districts, as well as in school zones.

In summary, the basic speed law focuses on driving at a reasonable and safe speed based on the circumstances, while specific speed limits are fixed numerical limits set for different types of roads.

EXAMPLES

On a weekday morning, Sarah is driving 45 miles per hour on a California highway where the posted speed limit is 65 miles per hour. The weather is clear, visibility is good, and there are only a few other vehicles on the road. Sarah’s speed of 45 miles per hour is below the posted speed limit, and she believes it is safe and reasonable given the light traffic conditions. However, as Sarah continues her journey later in the day, the traffic increases significantly, and it starts to rain heavily. The road becomes wet and slippery, reducing the overall traction. Despite the worsening weather conditions and increased traffic, Sarah maintains her speed of 45 miles per hour, arguing that she is still below the posted speed limit. In this scenario, Sarah may be violating the law under Vehicle Code 22350. The conditions have changed, and what may have been a safe and reasonable speed earlier in the day is no longer appropriate. Maintaining a speed of 45 miles per hour in heavy rain and increased traffic could be considered dangerous and in violation of the basic speed law, which requires drivers to adjust their speed to the existing conditions for the safety of themselves and others on the road.

PENALTIES

There are three potential consequences if you violate Vehicle Code 22350 VC or drive above the maximum speed limit:

• Speeding tickets and driving license suspension: If you are caught speeding or driving in excess of the maximum speed limit, you may receive a speeding ticket. Accumulating multiple speeding tickets can result in increased fines, points on your driving record, and potentially lead to the suspension of your driving license.

The specific amount of the ticket will depend on the speed at which you were driving and will include a base fine, fees, and penalty assessments. If you exceed the speed limit or drive unsafely without surpassing 100 miles per hour, the base fines for a ticket will be as follows:

• $35 if you are driving 1 to 15 miles per hour faster than the speed limit or safe speed.
• $70 if you are driving 16 to 25 miles per hour faster than the speed limit or safe speed.
• $100 if you are driving 26 miles per hour or more faster than the speed limit or safe speed.

For driving faster than 100 miles per hour, the penalties include:

• A first offense results in a ticket with a base fine of $500 and a potential license suspension of up to 30 days.
• A second offense within a three-year period carries a maximum base fine of $750 and a possible license suspension of six months.
• A third offense within a five-year period incurs a ticket with a maximum base fine of $1,000 and a potential license suspension of one year.

• Points on your driving record: When you receive a ticket for speeding or driving above the maximum speed limit, points will be added to your driving record. These points can affect your insurance rates and, if you accumulate too many points within a specific timeframe, it can result in the suspension or revocation of your driving license.

Driving faster than the speed limit or violating 22350 VC will result in the addition of one point to your driving record. If you accumulate:

• Four points within a 12-month period,
• Six points within 24 months, or
• Eight points within 36 months,

Your driving privileges may be suspended as you will be designated as a negligent operator.

• Possible negligence in auto accidents: Driving at excessive speeds increases the risk of accidents and can be a factor in determining negligence if you are involved in an auto accident. If it is determined that your excessive speed contributed to the accident, you may be held liable for any damages or injuries that result.

In California, negligence is defined as the failure to exercise reasonable care to prevent harm to oneself or others. Specifically in the context of an auto accident, if you are deemed to be the negligent driver, you are considered at fault for the accident and may be responsible for paying for any resulting damages. It is important to address the issue of negligence because excessive speed can often contribute to auto accidents, which can lead to injuries that may result in personal injury lawsuits. Proving negligence in such cases can sometimes be challenging. If you are involved in an accident and it is determined that you were driving unsafely, you could be held accountable for any injuries and damages arising from the accident. Courts have established that a violation of the basic speeding law is automatically considered “negligence per se” under California law, meaning the court treats it as negligence without further deliberation. If you have been involved in an automobile accident, it is crucial to seek the assistance of a California car accident lawyer.

DEFENSES

If you are accused of speeding or violating Vehicle Code 22350 VC, there are three common defenses you can consider: Emergency situation: If you can demonstrate that you were driving at an excessive speed due to an emergency, it may serve as a defense. However, it is important to note that the emergency must be genuine and not self-created. Reasonable and safe speed: In the case of both the basic speeding law and the “prima facie” speed limit, you can argue that your speed was reasonable and safe given the circumstances. This defense requires providing evidence that your speed did not pose a risk to yourself or others on the road. Challenging the officer’s assessment: You can attempt to find fault in the way the officer determined that you were speeding. This may involve questioning the accuracy of the radar or other speed measuring device used, challenging the officer’s observation abilities, or questioning whether the officer had a valid reason to initiate the traffic stop. These are commonly used defenses, but their effectiveness can vary depending on the specific circumstances of your case. It is advised to consult with a legal professional for guidance on the best defense strategy for your situation.

RELATED LAWS

In California, there are three laws that are associated with the basic speed law:

• The minimum speed limit law – California Vehicle Code 22400 [CVC]
• Reckless Driving – California Vehicle Code 23103(a) [CVC]
• A DUI sentencing enhancement for driving at an excessive speed. – California Vehicle Code 23582 [CVC]

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

To avoid a violation of 22350 VC, it is important to practice careful and attentive driving. However, there are instances where even skilled drivers may be pulled over by peace officers for unclear reasons. If you notice a marked or unmarked police car with its lights on behind you, it is essential to pull over as soon as it is safe to do so. Peace officers are responsible for enforcing the law, and deliberately disobeying them and driving away could pose risks to yourself and others. If you are dealing with any type of driving-related legal charges, you can contact Cyrus Tabibnia from Tabibnia Law Firm at 866-713-2159. Sources:

• California Vehicle Code 22400 VC
• California Vehicle Code 23103 VC
• Vehicle Code 23103(c) VC.
• California Vehicle Code 23582 VC.
• California Vehicle Code 22351 VC.
• California Vehicle Code 22349 a VC
• California Vehicle Code 22356 VC.