What Does it Mean to Drive at an Unsafe Speed for the Conditions
My question involves traffic court in the State of: California
I was under the impression that Section 22350 applies to anything "over the limit" of posted speed; however, I was given this ticket under "unsafe speed for conditions".
Please explain how anything under the speed limit is in violation?
If any explanation can be given, I would appreciate it.
Thank you in advance.
Re: How is a 5mph in a 35mph Zone Apply
22350 says you can't drive at an unsafe speed. The posted speed limit is what we call a "prima facie" limit. A speed that has been determined to be unsafe to exceed "on its face" without needing other justification.
Unless you're violating a "maximum speed" (55 MPH on highways, etc...), 22350 is what you will be charged with for any speed limit violation.
Your basic options:
1. If you're offered traffic school and you want to avoid the point and your insurance company hearing about it, take traffic school.
2. If you want to mount a defense, you get two chances...a written Trial by Declaration and a real "in court" trial.
Re: How is a 5mph in a 35mph Zone Apply
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
The bolded section, depending on the totality of circumstances, would be the most likely reason. That can apply to speeds lower than the posted limit.
Re: What Does it Mean to Drive at an Unsafe Speed for the Conditions
Quote:
Quoting
amtp2684
My question involves traffic court in the State of: California
I was under the impression that Section 22350 applies to anything "over the limit" of posted speed; however, I was given this ticket under "unsafe speed for conditions".
Please explain how anything under the speed limit is in violation?
If any explanation can be given, I would appreciate it.
Thank you in advance.
in no event at a speed which endangers the safety of persons or property
That part is subjective and depends on what you were doing when the officer observed you.
Example: You could have been going 10 miles under the limit but if you were riding the bumper of the car in front of you, you could get a ticket for unsafe speed. If you were rapidly changing lanes back and forth at lower than the speed limit you could get cited, too.
What did the officer say you were doing when he pulled you over?
Re: How is a 5mph in a 35mph Zone Apply
CVC 22350 is primarily used when driving at the speed limit is unsafe due to whether, traffic or road conditions.
For example, some people still drive 65 MPH on the freeway in heavy fog, insisting they will slow down when they come upon the tail lights of other cars. But if the fog is so heavy that you can’t see more than 20 or 30 feet ahead, at 65 MPH once you see those tail lights you’re going to crash into the car in front of you before you can even hit the brakes. Hence, while driving 65 MPH on the freeway is within the speed limit, it is unsafe for conditions if done in heavy fog.
Similarly, if you rear end someone in normal traffic, you are regarded as traveling at an unsafe speed that did not allow you sufficient time to stop, considering the distance at which you were following the vehicle in front of you.
It takes much longer to stop on wet pavement, so depending on traffic, driving at the speed limit in rain or snow could be driving at an unsafe speed. If a road has a lot of potholes or is in a state of serious disrepair, driving at the posted limit may limit your ability to properly control your vehicle and be unsafe.
The list can go on and on.
Re: How is a 5mph in a 35mph Zone Apply
It can also be used when you exceed the posted limit. While there is 22348 which applies directly to the posted speed, it only applies to the posting of maximum speeds of 55 or more on certain highways. If you do 40 in a 25 zone, you're going to get a 22350 citation. As I stated in the first response, the posted speed limit is the prima facie indication of an unsafe speed (though the code permits a defendant to argue that exceeding that was not unsafe by competent evidence for the situation involved.
Re: How is a 5mph in a 35mph Zone Apply
You can also get 22350'd in some areas for using a cell phone. I guess that's one of the "conditions." Perhaps eating a hamburger or putting on makeup is a "condition" as well?
Re: How is a 5mph in a 35mph Zone Apply
Quote:
Quoting
donzoh1
You can also get 22350'd in some areas for using a cell phone. I guess that's one of the "conditions." Perhaps eating a hamburger or putting on makeup is a "condition" as well?
I s'pect so.
Re: How is a 5mph in a 35mph Zone Apply
Maybe it would be good to specify why a post is deleted when that happens. Now, we already know that when the opinions of some are disagreed with, it's more likely, but it would be a matter of common courtesy to inform the person whose post is deleted. Or, maybe there's a way to specify in the use profile that this is a special person who you might not want to disagree with, or at least state your disagreement with, as it will likely be deleted anyway.
Re: How is a 5mph in a 35mph Zone Apply
Quote:
Quoting
donzoh1
Maybe it would be good to specify why a post is deleted when that happens. Now, we already know that when the opinions of some are disagreed with, it's more likely, but it would be a matter of common courtesy to inform the person whose post is deleted. Or, maybe there's a way to specify in the use profile that this is a special person who you might not want to disagree with, or at least state your disagreement with, as it will likely be deleted anyway.
What is that about? ^^^
What was deleted??