One defense to speeding violations under CVC 2235, is a showing that the conditions existing at the time and place of the stop were favorable and made the speed both safe and reasonable under these conditions. If the driver was traveling safe and reasonable under these conditions, then it is not necessarily a violation of the basic speed law at the time and place of my citation or pursuant to CVC 22351.
If you received a speed ticket, then contact an experienced traffic ticket attorney in San Francisco, CA, at Ticket Crushers. Call 1 (866) 842-5384 to discuss your speeding ticket issued in the San Francisco.
California’s Basic Speed Law
California’s speed law violations under CVC 22351 include:
(a) The speed of any vehicle upon a highway in excess of the limits specified in Section 22352 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law.
(b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing.
California’s “Basic Speed Law” means that a person may never drive faster than is safe for current conditions. Those conditions can depend on the following circumstances:
- the number of other vehicles on the road;
- the speed of the other vehicles on the road;
- the type of road being driven on;
- the condition of the road being driven on;
- the weather conditions; or
- whether bicyclists or pedestrians are on the road, the road’s edge or crossing the street.
