what does the basic speed law require one to do

Vehicle Code 22350 VC - 4 ways to beat a speeding ticket in courtroom

Vehicle Lawmaking 22350 VC codifies California'south basic speed law. The section prohibits motorists from driving faster than is rubber for the given driving conditions and circumstances. A violation is an infraction with fines ranging from $35.00 to more than than $500.00, plus court assessments.

Annotation that officers volition frequently write the citation as CVC 22350 or 22350 VC for short.

The linguistic communication of the statute states that "no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for conditions, 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 holding.¹

(accent added).

There are five key things to know about traffic tickets nether this section:

The fine for a violation tin range from $35.00 to more than than $500.00, plus court costs and assessments.
A person cited for speeding nether VC 22350 tin can (a) pay the fine, (b) practice traffic school (once every 18 months) or (c) fight the ticket in court.
If you consummate traffic school or fight the ticket successfully, you will avert getting points on your DMV record. Otherwise, this is a "one point" violation. Y'all risk getting a negligent operator license intermission if you lot go 4 points in 12 months, 6 points in 24 months or 8 points in 36 months.
An attorney can be hired to handle the case in court. If and so, the customer does not need to be nowadays in court.
Ignoring the ticket (neither paying the fine nor going to court) will probable issue in being charged with failure to appear per Vehicle Code 40508 VC. Although speeding is just an infraction, failure to appear tin be charged as a misdemeanor offense.

In the commodity below, our California car accident attorneys will address:

Police Officer pointing a radar gun - California's basic speed law is found in Vehicle Code 22350 VC

The basic speeding law in California essentially requires motorists to drive at a reasonable and safe speed

1. What is California's bones speeding law?

The basic speeding law in California essentially requires motorists to drive at a reasonable and safe speed. What a reasonable and safety speed is will depend on the circumstances or facts of a instance.²

The courts in California have identified many specific circumstances that are important in determining whether a speed is reasonable and safe. These include whether:

The road that the driver was on was in a crowded urban business organization district, a residential area, or a remote rural area.³
In that location were pedestrians and/or bicyclists near the commuter.⁴
At that place were animals nearby.⁵
The commuter was close to, or driving over, a railroad crossing.⁶
The current weather condition of the street was glace or wet.⁷
The commuter's view of the road was obstructed or express in whatever way.⁸
In that location was excessive sunlight or bright lights at the time the motorist was driving.⁹
The motorist was driving over a loma.¹⁰

Example: On Monday, John is driving 55 miles per hour on a California highway. The speed limit signs say 55 mph The time is late morning time and there are just a few other drivers on the road. The weather is overcast.

On Tuesday, John drives on the same section of highway. His speed is again at 55 miles per hr. It'south rush hour though and many other drivers are on the route. An afternoon snowstorm has caused the road surface to become glace, even icy in some areas.

John'due south driving on Monday is perfectly within the limits of Vehicle Lawmaking 22350 VC. His speed of 55 miles per hour is both reasonable and safe given the relaxed driving conditions. However, John is probable violating the law on Tuesday. A speed of 55 miles per hour is indeed dangerous and unreasonable since there is heavy traffic and the road conditions are slick and icy due to the weather atmospheric condition.

ii. How is the basic speed police dissimilar from specific speed limits?

California has two types of speed limits.

Accented speed limits
"Prima facie" speed limits

Whether or not a driver is in violation of the police force while driving, is treated differently between these two types.

2.1 Absolute speed limits

California'due south accented speed limits prohibit drivers from driving faster than:

70 miles per hour on freeways marked for that speed (Vehicle Lawmaking 22356);
65 miles per 60 minutes on freeways and other highways (that are non marked for 70 miles per 60 minutes); and,
55 miles per hour on two-lane, undivided highways (unless marked for a higher speed).¹¹

These limits are considered accented because if a motorist is driving faster than the limits, so he is automatically considered speeding and in violation of the maximum speed law. California's bones speeding law doesn't employ. Note that Vehicle Code 22362 makes information technology illegal to speed in a construction zone.

2.2 "Prima facie" speed limits

California's "prima facie," or presumed, speed limits are ready forth in California Vehicle Code 22352 VC. Co-ordinate to this section, and unless otherwise posted, the prima facie speed limits are:

15 miles per hour at railroad crossings, in alleys, and highway intersections without 100 feet of visibility of approaching vehicles; and,
25 miles per hour in concern and residential districts and schoolhouse zones.¹²

These speed limits are different than absolute speed limits. If a driver is driving faster than a "prima facie" speed limit, it doesn't necessarily mean that he is speeding and in violation of the law.

A driver can claiming a prima facie speeding commendation by showing that he was not in violation of the bones speeding law. This ways he must show that his speed was safe and reasonable under the given circumstances. If the driver cannot do this, he is in violation of California Vehicle Lawmaking 22352 VC.^thirteen

3. What are the penalties for a 22350 VC ticket?

There are 3 possible consequences if a driver violates Vehicle Code 22350 VC or drives in excess of a maximum speed limit. These are:

Speeding tickets and driving license suspension
Points to a driving record
Possible negligence in whatsoever resulting automobile accident

3.one Do I receive a speeding ticket or get my license suspended?

A driver that is found guilty of breaking the basic speeding law, or of driving in excess of a posted speed limit, will receive a speeding ticket and may go a suspension of his driver's license.

The exact corporeality of the ticket will depend on the speed at which the driver was driving. The amount will too include a base of operations fine, fees, and penalty assessments.

If a driver exceeds the speed limit or is driving unsafe, merely wasn't driving in excess of 100 miles per hour, then the base fine of a ticket will be:

$35 if faster than the limit or prophylactic speed by 1 to 15 miles per hour
$70 if faster than the limit or prophylactic speed by sixteen to 25 miles per hour
$100 if faster than the limit or rubber speed by 26 miles per hour or more

The penalties for driving faster than 100 miles per hour include:

A first offense results in a ticket with a base of operations fine of $500 and up to thirty days of license suspension.
A second offense inside three years of fourth dimension results in a ticket with a maximum base fine of $750 and a possible license pause of six months.
A third offense within five years of time results in a ticket with a maximum base fine of $ane,000 and a possible license break of one yr.¹⁴

iii.two Volition points proceed my driving record?

A driver will receive points on his driving record if he drives faster than a speed limit or violates 22350 VC. 1 point will become added.

If a driver sustains

4 points in a 12 calendar month menses,
6 points in 24 months, or
8 points in 36 months,

he faces beingness designated a negligent operator and thus a commuter's license suspension.

3.3 Am I negligent for any accidents?

California law defines "negligence" as the failure to use reasonable care to forestall impairment to oneself or to others. In the context of an auto accident, the negligent driver is at fault for the accident. Further, the negligent driver may have to pay for any damages caused.

Note that we enhance the issue of negligence because excessive speed can sometimes cause motorcar accidents. These accidents can cause injuries that course the basis of personal injury lawsuits; and, proving negligence in a personal injury case is sometimes difficult.

If an accident occurs, and a driver was found to be driving unsafely, he could be held liable for any possible injuries and damages resulting from the blow.¹⁵Courts have ruled that a violation of the bones speeding police force is "negligence per se" under California constabulary. This means the court automatically treats information technology every bit negligence.^xvi

It's disquisitional to contact a California auto blow lawyer if yous were involved in an automobile blow.

four. Tin can the ticket be challenged in court?

There are iii common defenses if a person is accused of speeding or violating Vehicle Code 22350 VC. These include:

Showing that you lot were driving at an excessive speed considering of an emergency.
If in the case of the bones speeding law and the "prima facie" speed limit, showing that your speed was reasonable and condom.
Finding fault in the way an officer found that you were speeding.

4.1 Can I fight a speeding ticket in California even if a radar was used?

Law officers typically use radar devices to show that a driver was speeding. A strong legal defence and so is showing that the radar device produced an inaccurate reading.

There are three ways to evidence this. These are:

Showing that objects interfered with the radar beam (such equally trees, trucks, or other cars).
Proving that the radar device was not calibrated properly. If not, the citation could be based on an illegal speed trap.
Demonstrating that the officeholder using the device did so incorrectly.

As to the first showing, notation that a radar device measures speed by shooting out a beam at a target (here, a speeding motor vehicle). The width of this beam increases with altitude. As it increases, it's possible that the path of the beam will include other cars and objects. The outcome is that a automobile might appear equally traveling faster than information technology actually was.

five. Is it a crime if I violate 22350 VC?

It is not a criminal offence if a person violates the basic speeding police. These violations are treated equally infractions under California law and an offender is non subject to incarceration.

six. Are at that place any laws related to Vehicle Code 22350 VC?

There are three California laws related to the bones speeding law. These include:

The minimum speed limit law;
Reckless Driving; and,
A DUI sentencing enhancement for excessive speed

6.1 The Minimum Speeding Law

California's minimum speed law is set up forth in California Vehicle Lawmaking 22400 VC.

Vehicle Code 22400 VC reads:

No one person shall drive upon a highway at such a irksome speed equally to impede or block the normal and reasonable movement of traffic unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with the constabulary.¹⁷

This department also states that:

No person shall bring a vehicle to a complete cease upon a highway so every bit to impede or block the normal and reasonable movement of traffic unless the cease is necessary for rubber operation or in compliance with law.¹⁸

A person institute guilty of violating this section will receive a ticket in the corporeality of $238. Points will also exist placed on the motorist'southward driving record.

6.2 Reckless Driving

California's Reckless Driving law makes information technology a offense to bulldoze with a wanton disregard for the prophylactic of people or belongings.¹⁹

If no one other than the reckless commuter is injured, violation of this police is a California misdemeanor. Information technology tin can be punished at nearly past:

Five to xc days in jail, and/or
A fine of between $145 and $1,000.²⁰

The possible jail sentence and fine increase if reckless driving causes an injury. In this case, the reckless driving tin can also get charged, just doesn't have to, every bit a felony. This is where California's reckless driving becomes a California "wobbler" crime.

6.3. DUI sentencing enhancement for excessive speed

California Vehicle Code 23582 VC is what's known as a DUI "sentencing enhancement."²¹ It increases the punishment of wrongdoing if:

A person is convicted of DUI; and,
The enhancement is found to be truthful.

The additional penalisation is a minimum 60-24-hour interval jail term added to your DUI sentence and a requirement that you participate in a drug and/or booze instruction programme (as well known as California DUI school).

To sustain the excessive speed enhancement, prosecutors must evidence that the person:

Violated Vehicle Code 23152(a) VC driving under the influence, Vehicle Code 23152(b) VC driving with a BAC .08 or more than, or Vehicle Lawmaking 23153 VC DUI with injury.
Drove 20 to thirty miles per hour over the speed limit, and
Collection in a reckless manner.²²

Note that a prosecutor must prove all 3 of these facts to sustain the enhancement.

Phone call us for help…

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If you've been charged with a criminal offense or are the victim of an accident, we invite yous to contact us at Shouse Constabulary Grouping.

In Colorado? Learn about speeding laws (CRS 42-4-1101).

In Nevada? Learn about speeding tickets (NRS 484B.600).

Legal references:

pichardopreritch.blogspot.com

Source: https://www.shouselaw.com/ca/defense/vehicle-code/22350/