Latest / BSPE Legal Marketing Podcast / California's Basic Speed Law: What You Need to Know - Ticket Crushers
Transcript
- 0:00Narrator: California's Basic Speed Law: What You Need to Know Most drivers assume that staying under the posted speed limit keeps them safe from a speeding ticket, but California's Basic Speed Law makes that assumption dangerously wrong.
- 0:12Narrator: Under California Vehicle Code 22350, any driver can be cited if their speed is deemed unreasonable or unsafe for the current road, traffic, visibility, or weather conditions at that moment.
- 0:23Narrator: This means an officer patrolling San Jose streets, Highway 101, or Interstate 280 can legally issue a citation even when a driver is traveling below the posted limit.
- 0:33Narrator: Rain, fog, standing water, heavy traffic, school zones, narrow curves, and poor visibility are all conditions that can make an otherwise legal speed a violation under CVC 22350.
- 0:46Narrator: California sets a maximum of 65 mph on most highways and 55 mph on two-lane undivided highways, but even within those limits the Basic Speed Law still applies whenever conditions demand slower travel.
- 0:59Narrator: Consider driving 55 mph on a highway posted at 65 during a heavy storm with poor visibility and standing water — that speed could still result in a citation under the Basic Speed Law.
- 1:11Narrator: A conviction under CVC 22350 adds one negligent operator point to a noncommercial driver's record, and non-confidential convictions can remain visible for 36 months or longer.
- 1:22Narrator: Total bail amounts for speed citations above the posted limit range from roughly $238 for traveling 1 to 15 mph over, up to $490 for 26 or more mph over, after all state and local assessments are added.
- 1:38Narrator: Drivers who receive a Basic Speed Law citation have the right to plead not guilty and request a court trial, or in eligible cases, submit a Trial by Written Declaration where both the driver and officer provide written statements.
- 1:51Narrator: When the cited speed was at or below a prima facie limit, the burden falls on the prosecution to clearly prove the speed was unsafe under the actual conditions present at that time and place.
- 2:01Narrator: An experienced attorney can compare the officer's account against weather records, dashcam evidence, roadway photographs, and radar or lidar documentation to identify weaknesses in the citation.
- 2:12Narrator: At Ticket Crushers, A Law Corporation, the law firm represents drivers throughout San Jose, Santa Clara County, and the wider Bay Area with flat-fee representation for many traffic infractions starting at just $149.
- 2:25Narrator: Founder Adam Cohen brings a background that includes service as an Assistant State Attorney in the Miami-Dade State Attorney's Office and a 5.0 Martindale-Hubbell peer-review score across all evaluated categories.
- 2:37Narrator: This law firm can explain how each response option — paying the fine, attending traffic school, or contesting the citation — will affect your point count and your DMV driving record going forward.
- 2:48Narrator: Call Ticket Crushers, A Law Corporation at 628, 210, 3807, located at 2033 Gateway Pl Ste 500, San Jose, CA 95110, United States, to discuss your citation and schedule a case-specific consultation today.