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  1. #1
    Join Date
    Apr 2015
    Location
    Salinas, Ca
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    1

    Default 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.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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.

  3. #3
    Join Date
    Jul 2010
    Posts
    8,006

    Default 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.

  4. #4
    Join Date
    Mar 2013
    Posts
    1,279

    Default 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.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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.

  6. #6
    Join Date
    May 2013
    Posts
    1,055

    Default 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?

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: How is a 5mph in a 35mph Zone Apply

    Quote Quoting donzoh1
    View Post
    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.

  8. #8
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Does it Mean to Drive at an Unsafe Speed for the Conditions

    Quote Quoting amtp2684
    View Post
    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?

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