Speeding Tickets

California Speeding Tickets

Do You Have A California Speeding Ticket?  Even if the officer used radar, our firm can win over 80% of the time using our proven legal defense strategies without you having to come to court!  We Win or It’s Free!*   So Don’t Even Think Of Paying That Fine And Pleading Guilty!  Our speeding ticket fees are lower than the speeding ticket fines so you save $, prevent point accumulation, prevent insurance hikes, plus don’t waste time going to traffic school or court!

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One of the most common types of California traffic tickets issued by officers are CA speeding tickets under the Statute 22350.

California Airplane Speeding Tickets The California Highway Patrol is currently making extensive use of airplanes to spot speeders from the air. The Nevada border is being watched for vehicles speeding from LA to Las Vegas. If a speeder is seen from the airplane a CHP officer on the ground is notified and issues you a speeding ticket. However, it’s important to ask and determine how your speed was measured. The officer in the plane can not measure your speed from the air otherwise this may be against the speed trap law and a full dismissal is very likely. It would be important for an officer on the ground to clock your speed using a laser or radar device. California Traffic School It you have received a simple speeding ticket it is possible for you to take traffic school once every eighteen months to dismiss the ticket. However, most people don’t want to bother with the hassle and time of taking traffic school and choose to retain our services to fight and win the ticket. It take a total of 2 mins to fill out our forms and fax them back to us and we take care of everything without you having to waste anymore time and effort on your speeding ticket. It’s also important that if you do wish to take traffic school, you should get approval from the court BEFORE taking the couse since not all counties accept online traffic school.

California Speeding Tickets for CDL Drivers After September 20th, 2005 truck drivers who receive traffic tickets and speeding ticket can NO LONGER take traffic school. CDL drivers who receive two serious traffic ticket violations within 3 years can have their license suspended. Some of these serious traffic ticket offence include speeding over 15 mph over the limit, following too closely and improper lane changes. Another important note to make for CDL drivers is that traffic violations carry 1.5 times the normal point count. This means that a 2 point ticket would result in a 3 point ticket for CDL drivers. Many of our clients are CDL drivers and it’s important that all traffic tickets are fought and won as losing a traffic ticket case for CDL drivers affects their livelihood. We take CDL traffic tickets very seriously and will do everything in our legal power to dismiss traffic ticket issued to our large CDL clientele. Another important note to make is that California is a part of the compact court system for all 50 states. Because California is a part of the Nonresident Violators compact system, any traffic ticket or speeding ticket you receive in other states will transfer onto your California driver’s license.

California Vehicle Code Division 11 Rules of the Road

Chapter 7. Speed Laws Article 1. Generally

Table of Contents for Article 1 of Chapter 7 of Division 11 of the California Vehicle Code

Section Number Section Title
22348 Excessive Speed and Designated Lane Use
22349 Maximum Speed Limit
22350 Basic Speed Law
22351 Speed Law Violations
22352 Prima Facie Speed Limits
22353 City of Norco: Equestrian Safety
22354 Decrease of State Highway Speed Limits
22354.5 Speed Limit Change: Consultation and Consideration Requirements
22355 Variable Speed Limits
22356 Increase of Freeway Speed Limit to 70 Miles Per Hour
22357 Increase of Local Speed Limits to 65 Miles Per Hour
22357.1 Decrease Near Children’s Playgrounds
22358 Decrease of Local Speed Limits
22358.3 Decrease on Narrow Street
22358.4 Decrease of Local Limits Near Schools or Senior Centers
22358.5 Downward Speed Zoning
22359 Boundary Line Streets
22360 Maximum Speed Limit on Local Highway Linking Districts
22361 Multiple-Lane Highways
22362 Speed Limit Where Persons at Work
22363 Restrictions Because of Snow or Ice Conditions
22364 Lane Speed Limits
22365 Prima Facie Speed Limit: South Coast Air Quality Management District: Local Ordinances
22366 Notice of Authorization to Increase Maximum Speed Limit

Excessive Speed and Designated Lane Use

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. (b) A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction punishable, as follows: (1) Upon a first conviction of a violation of this subdivision, by a fine of not to exceed five hundred dollars ($500). The court may also suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 days pursuant to Section 13200.5. (2) Upon a conviction under this subdivision of an offense that occurred within three years of a prior offense resulting in a conviction of an offense under this subdivision, by a fine of not to exceed seven hundred fifty dollars ($750). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (a) of Section 13355. (3) Upon a conviction under this subdivision of an offense that occurred within five years of two or more prior offenses resulting in convictions of offenses under this subdivision, by a fine of not to exceed one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (b) of Section 13355. (c) A vehicle subject to Section 22406 shall be driven in a lane designated pursuant to Section 21655, or if a lane has not been so designated, in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb. When overtaking and passing another vehicle proceeding in the same direction, the driver shall use either the designated lane, the lane to the immediate left of the right-hand lane, or the right-hand lane for traffic as permitted under this code. If, however, specific lane or lanes have not been designated on a divided highway having four or more clearly marked lanes for traffic in one direction, a vehicle may also be driven in the lane to the immediate left of the right-hand lane, unless otherwise prohibited under this code. This subdivision does not apply to a driver who is preparing for a left- or right-hand turn or who is in the process of entering into or exiting from a highway or to a driver who is required necessarily to drive in a lane other than the right-hand lane to continue on his or her intended route. Amended Sec. 1, Ch. 300, Stats. 2004. Effective January 1, 2005.

Maximum Speed Limit

22349.  (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour. (b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply: (1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction. (2) Passing lanes may not be considered when determining the number of through lanes. (c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations. Amended and Repealed Sec. 22, Ch. 766, Stats. 1995. Effective January 1, 1996. Repeal operative March 31, 1996. Added Sec. 23, Ch. 766, Stats. 1995. Effective January 1, 1996. Operative March 31, 1996. Amended Sec. 1, Ch. 20, Stats. 1996. Effective March 29, 1996. Amended Sec. 41, Ch. 724, Stats. 1999. Effective January 1, 2000.

Basic 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. Amended Ch. 252, Stats. 1963. Effective September 20, 1963.

Speed Law Violations

22351.  (a) The speed of any vehicle upon a highway not 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.

  Prima Facie Speed Limits

22352.  (a) The prima facie limits are as follows and shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof: (1) Fifteen miles per hour: (A) When traversing a railway grade crossing, if during the last 100 feet of the approach to the crossing the driver does not have a clear and unobstructed view of the crossing and of any traffic on the railway for a distance of 400 feet in both directions along the railway. This subdivision does not apply in the case of any railway grade crossing where a human flagman is on duty or a clearly visible electrical or mechanical railway crossing signal device is installed but does not then indicate the immediate approach of a railway train or car. (B) When traversing any intersection of highways if during the last 100 feet of the driver’s approach to the intersection the driver does not have a clear and unobstructed view of the intersection and of any traffic upon all of the highways entering the intersection for a distance of 100 feet along all those highways, except at an intersection protected by stop signs or yield right-of-way signs or controlled by official traffic control signals. (C) On any alley. (2) Twenty-five miles per hour: (A) On any highway other than a state highway, in any business or residence district unless a different speed is determined by local authority under procedures set forth in this code. (B) When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard “SCHOOL” warning sign. For purposes of this subparagraph, standard “SCHOOL” warning signs may be placed at any distance up to 500 feet away from school grounds. (C) When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard “SENIOR” warning sign. A local authority is not required to erect any sign pursuant to this paragraph until donations from private sources covering those costs are received and the local agency makes a determination that the proposed signing should be implemented. A local authority may, however, utilize any other funds available to it to pay for the erection of those signs. (b) This section shall become operative on March 1, 2001. Added Sec. 2, Ch. 421, Stats. 1997. Effective January 1, 1998. Amended Sec. 2, Ch. 521, Stats. 2000. Effective January 1, 2001. Operative March 1, 2001.

Decrease of State Highway Speed Limits

22354.  (a) Whenever the Department of Transportation determines upon the basis of an engineering and traffic survey that the limit of 65 miles per hour is more than is reasonable or safe upon any portion of a state highway where the limit of 65 miles is applicable, the department may determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30 or 25 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared prima facie speed limit shall be effective when appropriate signs giving notice thereof are erected upon the highway. (b) This section shall become operative on the date specified in subdivision (c) of Section 22366. Amended and repealed Sec. 24, Ch. 766, Stats. 1995. Effective January 1, 1996. Repeal operative March 31, 1996. Added Sec. 25, Ch. 766, Stats. 1995. Effective January 1, 1996. Operative March 31, 1996.

Speed Limit Change: Consultation and Consideration Requirements

22354.5.  (a) Whenever the Department of Transportation determines, upon the basis of an engineering and traffic survey, to increase or decrease the existing speed limit on a particular portion of a state highway pursuant to Section 22354, it shall, prior to increasing or decreasing that speed limit, consult with, and take into consideration the recommendations of, the Department of the California Highway Patrol. (b) The city council or board of supervisors of a city or county through which any p/rtion of a state highway subject to subdivision (a) extends may conduct a public hearing on the proposed increase or decrease at a convenient location as near as possible to that portion of state highway. The Department of Transportation shall take into consideration the results of the public hearing in determining whether to increase or decrease the speed limit. Added Ch. 219, Stats. 1991. Effective January 1, 1992.

Variable Speed Limits

22355.  Whenever the Department of Transportation determines upon the basis of an engineering and traffic survey that the safe and orderly movement of traffic upon any state highway which is a freeway will be facilitated by the establishment of variable speed limits, the department may erect, regulate, and control signs upon the state highway which is a freeway, or any portion thereof, which signs shall be so designed as to permit display of different speed limits at various times of the day or night. Such signs need not conform to the standards and specifications established by regulations of the Department of Transportation pursuant to Section 21400, but shall be of sufficient size and clarity to give adequate notice of the applicable speed limit. The speed limit upon the freeway at a particular time and place shall be that which is then and there displayed upon such sign. Amended Ch. 78, Stats. 1973. Effective January 1, 1974.

Increase of Freeway Speed Limit to 70 Miles Per Hour

22356.  (a) Whenever the Department of Transportation, after consultation with the Department of the California Highway Patrol, determines upon the basis of an engineering and traffic survey on existing highway segments, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highway segments, that a speed greater than 65 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any state highway, or portion thereof, that is otherwise subject to a maximum speed limit of 65 miles per hour, the Department of Transportation, with the approval of the Department of the California Highway Patrol, may declare a higher maximum speed of 70 miles per hour for vehicles not subject to Section 22406, and shall cause appropriate signs to be erected giving notice thereof. The Department of Transportation shall only make a determination under this section that is fully consistent with, and in full compliance with, federal law. (b) No person shall drive a vehicle upon that highway at a speed greater than 70 miles per hour, as posted. (c) This section shall become operative on the date specified in subdivision (c) of Section 22366. Amended Ch. 1220, Stats. 1994. Effective September 30, 1994. Amended and repealed Sec. 26, Ch. 766, Stats. 1995. Effective January 1, 1996. Repeal operative January 7, 1996. Added Sec. 27, Ch. 766, Stats. 1995. Effective January 1, 1996. Operative January 7, 1996.

Increase of Local Speed Limits to 65 Miles Per Hour

22357.  (a) Whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The declared prima facie or maximum speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street and shall not thereafter be revised except upon the basis of an engineering and traffic survey. This section does not apply to any 25-mile-per-hour prima facie limit which is applicable when passing a school building or the grounds thereof or when passing a senior center or other facility primarily used by senior citizens. (b) This section shall become operative on the date specified in subdivision (c) of Section 22366. Amended and repealed Sec. 28, Ch. 766, Stats. 1995. Effective January 1, 1996. Repeal operative March 31, 1996. Added Sec. 29, Ch. 766, Stats. 1995. Effective January 1, 1996. Operative March 31, 1996.

Decrease Near Children’s Playgrounds

22357.1.  Notwithstanding Section 22357, a local authority may, by ordinance or resolution, set a prima facie speed limit of 25 miles per hour on any street, other than a state highway, adjacent to any children’s playground in a public park but only during particular hours or days when children are expected to use the facilities. The 25 miles per hour speed limit shall be effective when signs giving notice of the speed limit are posted. Added Ch. 508, Stats. 1989. Effective January 1, 1990.

Decrease of Local Speed Limits

22358.  (a) Whenever a local authority determines upon the basis of an engineering and traffic survey that the limit of 65 miles per hour is more than is reasonable or safe upon any portion of any street other than a state highway where the limit of 65 miles per hour is applicable, the local authority may by ordinance determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, or 25 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street. (b) This section shall become operative on the date specified in subdivision (c) of Section 22366. Amended and repealed Sec. 30, Ch. 766, Stats. 1995. Effective January 1, 1996. Repeal operative March 31, 1996. Added Sec. 31, Ch. 766, Stats. 1995. Effective January 1, 1996. Operative March 31, 1996.

Decrease on Narrow Street

22358.3.  Whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour in a business or residence district or in a public park on any street having a roadway not exceeding 25 feet in width, other than a state highway, is more than is reasonable or safe, the local authority may, by ordinance or resolution determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is found most appropriate and is reasonable and safe. The declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street. Amended Ch. 1095, Stats. 1972. Effective March 7, 1973. Supersedes Ch. 372.

Decrease of Local Limits Near Schools or Senior Centers

22358.4.  (a) (1) Whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph (2) of subdivision (a) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey. (2) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. (b) (1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows: (A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour. (B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to 1,000 feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of 500 to 1,000 feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour. (2) The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions: (A) A maximum of two traffic lanes. (B) A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone. (3) The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel. (4) When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration. (5) (A) ( ) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. (B) For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to 500 feet away from school grounds. (C) For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and 1,000 feet away from the school grounds. (D) A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision. Amended Sec. 23, Ch. 279, Stats. 2005. Effective January 1, 2006. Amended Sec. 1, Ch. 384, Stats. 2007. Effective January 1, 2008. The 2007 amendment added the italicized material, and at the point(s) indicated, deleted the following “The”

Downward Speed Zoning

22358.5.  It is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning, as the basic rule of Section 22350 is sufficient regulation as to such conditions. Added Ch. 11, Stats. 1959. Effective September 18, 1959.

Maximum Speed Limit on Local Highway Linking Districts

22360.  (a) Whenever a local authority determines upon the basis of an engineering and traffic survey that the limit of 65 miles per hour is more than is reasonable or safe upon any portion of a highway other than a state highway for a distance of not exceeding 2,000 feet in length between districts, either business or residence, the local authority may determine and declare a reasonable and safe prima facie limit thereon lower than 65 miles per hour, but not less than 25 miles per hour, which declared prima facie speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street or highway. (b) This section shall become operative on the date specified in subdivision (c) of Section 22366. Amended and repealed Sec. 32, Ch. 766, Stats. 1995. Effective January 1, 1996. Repeal operative March 31, 1996. Added Sec. 33, Ch. 766, Stats. 1995. Effective January 1, 1996. Operative March 31, 1996.

Speed Limit Where Persons at Work

22362.  It is prima facie a violation of the basic speed law for any person to operate a vehicle in excess of the posted speed limit upon any portion of a highway where officers or employees of the agency having jurisdiction of the same, or any contractor of the agency or his employees, are at work on the roadway or within the right-of-way so close thereto as to be endangered by passing traffic. This section applies only when appropriate signs, indicating the limits of the restricted zone, and the speed limit applicable therein, are placed by such agency within 400 feet of each end of such zone. The signs shall display the figures indicating the applicable limit, which shall not be less than 25 miles per hour, and shall indicate the purpose of the speed restriction. Nothing in this section shall be deemed to relieve any operator of a vehicle from complying with the basic speed law. Amended Ch. 515, Stats. 1970. Effective November 23, 1970.

Restrictions Because of Snow or Ice Conditions

22363.  Notwithstanding any speed limit that may be in effect upon the highway, the Department of Transportation in respect to state highways, or a local authority with respect to highways under its jurisdiction, may determine and declare a prima facie speed limit of 40, 35, 30, or 25 miles per hour, whichever is found most appropriate and is reasonable and safe based on the prevailing snow or ice conditions upon such highway or any portion thereof. Signs may be placed and removed as snow or ice conditions vary. Amended Ch. 545, Stats. 1974. Effective January 1, 1975.

Lane Speed Limits

22364.  Whenever the Department of Transportation determines, upon the basis of an engineering and traffic survey, that the safe and orderly movement of traffic upon any state highway will be facilitated by the establishment of different speed limits for the various lanes of traffic, the department may place signs upon the state highway, or any portion thereof. The signs shall designate the speed limits for each of the lanes of traffic. Amended Ch. 681, Stats. 1982. Effective January 1, 1983.