For California drivers, going at or below the posted speed limit doesn’t automatically mean you’re in the clear. Avoid this common mistake that is happening among drivers in California.

According to California’s Basic Speed Law (CVC 22350), also known as the Basic Speed Law, drivers must adjust their speed based on current road, traffic, and weather conditions. If your speed is unsafe for the situation—even if it’s under the speed limit—you can still be cited for speeding.

It is important to be familiar with this law and the way it works to avoid making this common mistake. Ticket Crushers Law is here to help be your guide!

The Basic Speed Law And How It Works

California Vehicle Code (CVC) 22350 requires drivers to operate vehicles at a speed that is reasonable and prudent based on the specific circumstances. This means considering factors like weather, visibility, and more.

Factors that should be taken into account include:

• Weather (rain, fog, snow)
  
• Visibility
  
• Traffic density
  
• Road surface conditions (potholes, gravel, debris)
  
• Road width or curves

CVC 22350 doesn’t just concern exceeding the posted speed limit. In essence, it means you can be cited for speeding even if you’re under the posted speed limit if your speed is unsafe given the circumstances. 

It also addresses situations where a driver is going too fast for the prevailing conditions, even if they are within the posted speed limit. The core principle is that the driver’s speed cannot endanger the safety of others or property. While speed limits are posted on highways and roads, CVC 22350 acknowledges that conditions can change, and drivers must adjust their speed accordingly.  

For example, driving 55 mph on a highway with light traffic and clear weather might be reasonable, but driving 55 mph on the same highway during a snowstorm with icy patches would likely be considered unsafe and in violation of CVC 22350. 

CVC 22350 Violation Penalties

Violating CVC 22350 can lead to a ticket, which could result in several penalties, including:

• Fines: Ranging from $35 to $500, depending on how fast you were going and the specific details of the incident.
  
• Points on your license: A typical CVC 22350 conviction results in 1 point on your driving record.
  
• Insurance impact: Points and violations can increase your car insurance premiums.
  

License suspension: In more serious or repeat cases, a license suspension may be possible.

How To Fight A Basic Speed Law Ticket in California

To contest a basic speed law violation ticket in California, you can plead “not guilty” and request a Trial by Written Declaration. You can also appear in court to contest the ticket. If you choose to contest, you’ll need to demonstrate that your speed was safe and reasonable under the existing circumstances, even if you were exceeding the posted limit. 

In a Trial by Written Declaration, the burden of proof shifts to you to demonstrate why you shouldn’t be found guilty. 

The Different Types of Speed Limits in California

In California, “prima facie” in relation to speeding means that exceeding a posted speed limit or a default speed limit is presumed to be a violation. However, the driver can present evidence to show their speed was safe under the circumstances

This type of speeding citation means the officer claims you were exceeding the speed limit, and the burden is on you to prove that your speed was safe and reasonable. 

Prima Facie Speed Limits Vehicle Code (CVC) 22352 outlines default speed limits when no posted speed limits exist. These speed limits are important to be aware of:

• 25 mph in residential, business, or school zones. 
• 15 mph in alleys, railroad crossings, and highway intersections with limited visibility.

It is also important to note that there excessive-speed laws vary by state. But generally, there are three types of speed-limit laws to be aware of: absolute, presumd or prima facie, and basic.

Absolute speed limits are straightforward: If you exceed the posted speed limit, you’ve broken the law. An example of this kind of speed limit would be the 70 mph limit on freeways. This speed limit is consideredvabsolute and doesn’t allow for defenses in court.  

Recognizing what kind of speed limit you are driving in, can help you avoid an unessecary ticket later on.

What Is Criminal Speeding?

In California, most speeding violations are classified as infractions, meaning they usually result in fines or points on your driving record. But when it comes to criminal speeding, the situation changes. Criminal speeding is a much more serious charge in the state of California and can have long-lasting consequences. 

If you’re caught driving 100 mph or more, you may be facd criminal speeding charges that could potentially result in a misdemeanor or felony.

Criminal speeding typically involves two factors: 

• Driving at extremely high speeds (e.g., 100 mph or more)
  
• Driving recklessly or in a way that endangers others
  

Criminal speed charges often arise when a driver exceeds speed limits by a substantial margin or drives in a willfully unsafe manner. In extreme cases— when speeding results in injury or death—charges may be escalated to reckless driving or even vehicular manslaughter.

1. Reckless Driving (CVC 23103)

Reckless driving includes driving in a manner that shows a willful disregard for the safety of others, such as excessive lane weaving at high speeds, you may be charged with reckless driving. Penalties include:

• Fines up to $1,000
  
• Jail time up to 90 days
  
• License suspension for up to 6 months
  

2. Excessive Speeding (100+ MPH)

Excessive speeding involves driving at speeds of 100 mph or more is treated as a major offense, especially if it’s not your first violation.

• Fines up to $500
  
• Up to 30 days in jail
  
• Minimum 30-day license suspension

These charges may escalate even further when combined with other offenses like DUI or causing an accident, which could result in felony charges.

Why You Should Hire a Lawyer

Speeding violations should not be taken lightly, and it is importan to know what your rights are when navigating a speeding citation. While some drivers choose to represent themselves, facing a criminal charge without experienced legal help can lead to lasting consequences depending on the severity of the violation. 

At Ticket Crushers Law, we’ve helped thousands of Californians fight traffic and criminal speeding charges. If you recently recieved a speed violation, our experts offer free consultations to assess your case and explain your legal options.

Call us at 1-866-TICKET-HELP for expert legal guidance today.