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Unsafe Speed Ticket After Accident

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  • 09-17-2009, 12:32 PM
    aznboi
    Unsafe Speed Ticket After Accident
    My question involves a speeding ticket from the State of: California

    I was traveling eastbound right when the sun comes up I couldn't see a white pick up truck stopped in middle of the road so I rear ended the truck. When the police officer came I told him I was going 35 mph. And a week later I received a ticket for unsafe speed cvc 22350 for going 35 mph on 35 mph. But the posted speed on that road was 40 mph. Should I try to fight it or just pay the fine?
  • 09-17-2009, 02:18 PM
    HonkingAntelope
    Re: Unsafe Speed Ticket After Accident
    Do a search for '22350' and 'accident'. The short version is that striking a stopped vehicle is pretty good evidence that you were traveling at a speed that endangered 'persons or property.' If the sun impaired your vision, the legal course of action would have been to use the visor to block out the light, wear eye protection, and to reduce your speed until you could drive safely. Are you eligible to attend traffic school?
  • 09-17-2009, 02:27 PM
    That Guy
    Re: Unsafe Speed Ticket After Accident
    CVC 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.


    You can argue that your speed of 35mph was in fact safe and prudent and yet the fact that you were involved in an accident that was caused by your speed... (had you been driving slower you may have been able to stop in time) leaves no doubt that your speed was neither safe nor prudent.

    As for the misquoted speed limit, 22350 is based, again, on a safe and prudent speed for the conditions, not on a particular speed limit so despite the error, I highly doubt you'll get a dismissal because of it. If I were you I'd invest a few hours in traffic school and call it a day.
  • 09-17-2009, 02:57 PM
    EWYLTJ
    Re: Unsafe Speed Ticket After Accident
    I still don't think that 22350 is an appropriate charge for this cases, but as much as I hate to admit it, these guys are probably right. You can "swing for the fence" and do the TBWD and then the trial de novo hoping the cop doesn't show up.... but I don't think you are going to win on the merrits.
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