Posted: 2/23/2008 3:39:15 PM EDT
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Is it true that other than freeways the speed limit isn't actually a number (even if its posted) supposedly the law states "a safe and reasonable condition for the conditions"? |
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No, it's what's posted or what is "safe and reasonable", whichever is lower. For example, if the speed limit is 50 MPH; but it's snowing, and foggy, and you're driving a truck while trailering a heavy load; you could get a ticket for doing 40 MPH. At least that is my understanding of it. |
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Yeah if the speed limit is 25, and you run into the stopped car in front of you, you will get a ticket for speeding. In such circumstances, the maximum safe speed for conditions is the speed of the traffic in front of you. Oh the maximum speed limit when towing a trailer in CA is 55mph. |
Yep the basic speed law (VC 22350 IIRC) says no faster than the posted limit and no faster than safe for the traffic conditions. So if the speed limit is say 35 but it is raining , the traffic is stop and go and you rear-end the car in front of you. You have violated 22350, and that will be on the report if one is taken. That said if the officer doesn't see it you won't get a ticket. The law basically means that if you hit a car that is behaving normally and/or legally for the conditions, you broke 22350. Now if the car illegally enters the roadway or intersection, for example, you aren't guilty. If it stops in a residential district because a kid runs out in front, you are. the law basically assumes that if you aren't paying sufficient attention to stop in time, for whatever reason, it's your fault. It expects you to pay more attention in residential and business district, etc. |
 I'd look in the vehicle code. And they cite you for the posted speed limit using the CVC section for the basic speed law. They consider the posted speed limit to be the maximum safe speed under ideal conditions. |
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CVC 22350 is the prima facia speed law. 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. |
so if i am driving 30 in a 25 under perfect conditions not a car on the road, could I be cited? |
Yes |
could the person take the ticket to court and argue it? |
But if the judge is female and in Yolo county, you are screwed regardless. |
Hey, You can thank me later: www.ticketassassin.com/ Fight your ticket by mail. Kevin "Works like a charm." |
If you were cited for 22350, you could certainly fight it. Let's say you're on an undivided two-lane road. CVC 22349b says that you can't go faster than 55mph. If you got a ticket for doing 68mph, you'd be hosed if you were written up for 22349b (over max speed 55mph). However, if you were written up for 22350, you could concievably argue that the conditions were safe, if they were. |
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My understanding is that under CA's laws, the posted speed limit moves the burden of proof from the police to the driver. If ticketed for doing 40 in a 50 zone under the Basic Speed Law, and you fight it in court, the police have to show why it was unsafe to be doing that speed, regardless of the posted limit. If ticketed for doing 60 in a 50 zone, you are presumed to have been speeding unless you can show that given the prevailing conditions, it was perfectly safe to be going at that speed. Usual IANAL disclaimer applies. NTM |
Close but no cigar, it is never legal (except for emergency vehicles responding to an emergency. Which now lets the "Why do the police get to do it if we can't " crybabies) to drive over the posted speed limit. Period end of statement. Are you going to get a ticket if you are speeding somebody to an emergency hospital? Maybe/maybe not. It ain't legal but the LEO has the discretion to cite or not. 22348. (a) Notwithstanding subdivision (b) of Section 22351, a person shall not drive a vehicle upon a highway with a speed limit established pursuant to Section 22349 or 22356 at a speed greater than that speed limit. |