All drivers across the state of California, whether they reside in California or are simply traveling through, need to adhere to CA Vehicle Code §22350. This law describes the basic speed law meant to protect drivers and passengers alike.
If you have been charged with drunk driving, it is also possible you could face penalties under CA Vehicle Code §22350 for violating the basic speeding law. Fortunately, with help from a dedicated Los Angeles DUI lawyer, you may be able to avoid potential consequences associated with Vehicle Code §22350 violations.
What Is California’s Basic Speeding Law Under CA Vehicle Code §22350?
Under CA Vehicle Code §22350, the state requires all California drivers to operate their vehicles at a safe and reasonable rate of speed. However, that rate of speed can vary considerably depending on the specific circumstances of a case.
Some of the factors that may be taken into consideration when determining whether a speed should be considered reasonable and safe include:
- Whether there were bicyclists or pedestrians near the vehicle
- Whether the motorist was driving over a hill
- Whether the road the driver was operating a vehicle on was crowded, remote, or residential
- Whether a railroad crossing was close by
- Whether animals were closed by
- Whether the sun was too bright
- The road conditions
- Whether the driver’s view was obstructed
How Is the Basic Speed Limit Different from Posted Speed Limit Rates?
There are two primary types of speed limits in the state of California. These include absolute speed limits and prima facie speed limits. Absolute speed limits are considered as such because they can automatically be found in violation of the maximum speeding laws.
Absolute speed limits bar drivers from operating their vehicle faster than:
- 55 mph on two-lane, undivided highways unless marked for higher rates of speed
- 65 mph on highways and freeways that are not marked 70 mph
- 70 mph on highways marked as such under California Vehicle Code §22356
Prima Facie Speed Limits
Prima facie speed limits are presumed speed limits. They are described under California Vehicle Code §22352. Here, prima facie speed limits are:
- 15 mph at highway intersections and railroad crossings
- 25 mph in residential districts, business districts, and school zones
A driver found to be operating at speeds less than the prima facie speed limit will not necessarily be guilty of a speeding violation by showing that their speed was considered safe and reasonable. However, if they cannot prove that their speed was considered safe and reasonable, they may be in violation of California Vehicle Code §22352.
What Are the Penalties Under CA Vehicle Code §22350?
There are several potential consequences you could face if you are found in violation of CA Vehicle Code §22350. Some of these penalties include:
- Speeding tickets
- Suspension or revocation of your driver’s license
- Points being added to your driving record
- Liability for causing motor vehicle accidents
- Increased auto insurance premiums
Furthermore, your life could be significantly affected if you are found to have violated Vehicle Code §22350. If your license is revoked or suspended, you may find it difficult or impossible to continue working and supporting yourself and your family.
If your insurance premiums go up, you may find it more difficult to cover the costs of your auto insurance policies, which may also make it difficult or impossible to keep your car on the road. For this reason, it is of utmost importance that you take steps to clear your name of the accusations against you.
Can You Challenge a CA Vehicle Code §22350 Violation?
You may be able to challenge the CA Vehicle Code §22350 violations you are accused of by showing that:
- Your speed was considered reasonable and safe under the prima facie speed limit
- Police officers lacked probable cause to stop you
- It was necessary for you to drive at an excessive rate of speed due to an emergency
- Police failed to operate radar devices accurately
- There was a mistake of fact
- Your constitutional rights were violated
- The stop was unlawful or improper
Your attorney can carefully examine the evidence in your case to determine how to best approach your defense.
Generally, by showing that you had a good cause for traveling at whatever rate of speed you were traveling at, or providing the court with evidence that police made mistakes or errors in handling your stop, you may be able to avoid being found in violation of California Vehicle Code §22350.
Is CA Vehicle Code §22350 a Criminal Offense?
It is important to know that CA Vehicle Code §22350, the basic speeding law, is not considered a criminal offense. Violations of California Vehicle Code §22350 are considered infractions under California law. This means you are not at risk of being incarcerated due to a speeding violation of any kind.
However, if you happen to cause a collision, were under the influence of drugs or alcohol, or were found to be committing a crime while violating the state’s basic speeding law, it is more likely that you could face criminal charges. You do have the potential to face criminal charges as well as infractions related to a single event.
Whether you are facing criminal charges or violations through infractions, your life could be turned upside down if you do not take action to protect your future. Your Los Angeles DUI lawyer can review the evidence and details of your case to help you figure out how to best approach your defense.
Reach Out to a DUI Lawyer in Los Angeles for Help
When you have been arrested and charged with drunk driving, there are many other DUI-related charges and consequences you could also face.
CA Vehicle Code §22350 violations could have a significant impact on your life. Take steps to protect your future when you contact a Los Angeles DUI lawyer for help with your defense strategy. Schedule a confidential consultation today to start working on your case as soon as possible.
