It is important to stress that every speeding ticket is unique.
Therefore, to fight two speeding tickets for the same violation
code may require completely different defense arguments
from one to another.
That is where the many years of experience by our speeding
ticket experts can make the difference between beating the
ticket or not. Please note if speeding ticket defenses were
simple and could be explained in a simple manner, our
experts would have created a handbook to exactly teach
individuals how to beat their speeding citations.
Unfortunately, the subject of contesting speeding tickets is
not that simple.
How to fight a speeding ticket for violation of code
section VC 22350?
Violation of VC 22350 is subject to the California speed trap
rules. Therefore, a speed trap defense for VC 22350 may
work for this type of speeding tickets.
How to fight a speeding ticket for violations of
California vehicle code section VC 22349 a, VC 22349 b
and VC 22356 b ?
Violations of California Vehicle Code Sections VC 22349 a,
VC 22349 b or VC 22356 b are not subject to the California
speed trap arguments. The only way to fight these speeding
tickets is to examine the way the Officer collected the
speeding evidence against the driver. Therefore, complete
familiarity of the use of speed RADR, speed LIDAR or LASER
or speed detection by pacing is necessary. In our opinion the
best experts to review and analyze the information to
prepare a defense and fight these types of speeding tickets
are retired California Highway Patrol or local City Police or
County Sheriff Officers. Also, electrical engineers with
complete knowledge of speed radar, speed lidar or speed
laser operation can prepare a solid speeding defense.
A common mistake most people make when they prepare
their own defense in fighting these types of speeding tickets
in court is self incrimination. For example, if you were issued
a speeding ticket for driving 80 mph in 65 mph zone and you
show up in traffic court and tell the judge you were not
driving 80 mph but you were only going 70 mph, well you
have just admitted that you are guilty of exceeding the
maximum speed limit of 65 mph. The only issue is to reduce
your ticket from 80 mph to 70 mph. However, the Judge is
not just going to reduce your speeding citation just because
you say you were going 70 mph and most likely after you say
that you were driving at 70 mph the Judge is going to
interrupt you and say “guilty next”.
Or, if your defense is that everyone was driving at 70 mph
but you were the only one that was pulled over, again you
are guilty since the Officer could not possibly be expected to
stop every single speeding violator. So, the first thing is not
to self incriminate.
Second, just showing up in traffic court and claiming that the
Officer’s speed radar detected the speed of some other car
and not your speed, is not going to work well either. If you
are claiming error by the officer or the speed radar, you must
present convincing argument in court to create reasonable
doubt. Therefore, you must look at the condition and the
exact location of the roadway, weather, day or night, line of
sight, vertical and horizontal curves in the roadway and
exactly where the alleged speeding violation occurred. You
should also know exactly what speed detection device was
used (Radar or Lidar or Laser) with the model numbers. You
must know the detailed operational requirements and the
margin of error in using each of the devices available to the
California Highway Patrol or the local City and County Sheriff
Police Departments. Each speed detection device will have a
different argument taking into account the following:
1-The specific location where the alleged speeding violation
occurred
2-The conditions of the roadway
3-Specific type and model number of the speed detection
radar, lidar or laser
4-The specific speed detection unit that was used to issue the
specific speeding ticket to you
5-Was the speed detection device used in moving mode or
stationary
6- Was the officer facing the target vehicle moving in the
same or opposite direction
7- If airplane was used to detect the speed
8-Was the speed detected by pacing
As you can see there are multiple variations of possible
arguments that an individual MUST be familiar with to know
exactly where the possible mistakes were made and be able
to explain the issues in a clear and concise manner to the
Judge to get the speeding ticket dismissed.
The following are the speed related California Vehicle Code
sections for speeding tickets:
SECTIONS 22348-22366 and SECTIONS 22400-22413
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.
22348 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.
The most common speeding tickets are issued for the
violations of 22349 (a) & (b) in most cases by the
California Highway Patrol
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.
22349 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.
Speed Trap Rules apply to speeding violations of 22350
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.
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 speeding of any vehicle upon a highway in excess of
the prima facie speeding limits in Section 22352 or
established as authorized in this code is prima facie unlawful
unless the defendant establishes by competent evidence that
the speeding in excess of said limits did not constitute a
violation of the basic speeding law at the time, place and
under the conditions then existing.
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.
22353 When conducting an engineering and traffic survey,
the City of Norco, in addition to the factors set forth in
Section 627, may also consider equestrian safety.
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 speeding 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
speeding 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.
22354.5 (a) Whenever the Department of Transportation
determines, upon the basis of an engineering and traffic
survey, to increase or decrease the existing speeding 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 portion 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 speeding limit.
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 speeding
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 speeding limit. The
speeding limit upon the freeway at a particular time and
place shall be that which is then and there displayed upon
such sign.
Another common speeding violation is 22356 b. These
speeding tickets are mostly issued by the California
Highway Patrol
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 speeding 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 speeding
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 speeding 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.
22356 b No person shall drive a vehicle upon that highway at
a speeding greater than 70 miles per hour, as posted.
(c) This section shall become operative on the date specified
in subdivision (c) of Section 22366.
22357 (a) Whenever a local authority determines upon the
basis of an engineering and traffic survey that a speeding
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 speeding 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 speeding 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.
22357.1 Notwithstanding Section 22357, a local authority
may, by ordinance or resolution, set a prima facie speeding
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 mile per hour
speeding limit shall be effective when signs giving notice of
the speeding limit are posted.
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
speeding 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.
22358.3 Whenever a local authority determines upon the
basis of an engineering and traffic survey that the prima facie
speeding 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
speeding 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.
22358.4. (a) (1) Whenever a local authority determines upon
the basis of an engineering and traffic survey that the prima
facie speeding 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
speeding 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 speeding 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 speeding limits as follows:
(A) A 15 miles per hour prima facie limit in a residence
district, on a highway with a posted speeding 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 speeding
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 speeding 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 speeding 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 speeding 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 speeding 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
speeding 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 speeding 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 speeding 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 speeding 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.
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.
22359. With respect to boundary line streets and highways
where portions thereof are within different jurisdictions, no
ordinance adopted under Sections 22357 and 22358 shall be
effective as to any such portion until all authorities having
jurisdiction of the portions of the street concerned have
approved the same. This section shall not apply in the case
of boundary line streets consisting of separate roadways
within different jurisdictions.
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 speeding 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.
22361. On multiple-lane highways with two or more separate
roadways different prima facie speeding limits may be
established for different roadways under any of the
procedures specified in Sections 22354 to 22359, inclusive.
22362. It is prima facie a violation of the basic speeding law
for any person to operate a vehicle in excess of the posted
speeding 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 speeding 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 speeding restriction. Nothing in
this section shall be deemed to relieve any operator of a
vehicle from complying with the basic speeding law.
22363. Notwithstanding any speeding 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 speeding 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.
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 speeding 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 speeding limits
for each of the lanes of traffic.
22365. Notwithstanding any other provision of law, any
county or city, which is contained, in whole or in part, within
the South Coast Air Quality Management District, may, if the
county or city determines that it is necessary to achieve or
maintain state or federal ambient air quality standards for
particulate matter, determine and declare by ordinance a
prima facie speeding limit that is lower than that which the
county or city is otherwise permitted by this code to
establish, for any unpaved road under the jurisdiction of the
county or city and within the district. That declared prima
facie speeding limit shall be effective when appropriate signs
giving notice thereof are erected along the road.
22366. (a) Whenever the Director of Transportation
determines the date upon which the state may establish a
maximum speeding limit of 65 miles per hour on highways
without subjecting the state to a reduction in the amount of
federal aid for highways, the director shall notify the
Secretary of State of that determination.
(b) The notice required under subdivision (a) shall state that
it is being made pursuant to this section.
(c) The notice shall specify a date which is either the date
determined pursuant to subdivision (a), or a later date
designated by the director.
VEHICLE CODE SECTIONS 22400-22413
22400. (a) No person shall drive upon a highway at such a
slow speeding as to impede or block the normal and
reasonable movement of traffic unless the reduced speeding
is necessary for safe operation, because of a grade, or in
compliance with law. No person shall bring a vehicle to a
complete stop upon a highway so as to impede or block the
normal and reasonable movement of traffic unless the stop is
necessary for safe operation or in compliance with law.
(b) Whenever the Department of Transportation determines
on the basis of an engineering and traffic survey that slow
speeds on any part of a state highway consistently impede
the normal and reasonable movement of traffic, the
department may determine and declare a minimum speeding
limit below which no person shall drive a vehicle, except
when necessary for safe operation or in compliance with law,
when appropriate signs giving notice thereof are erected
along the part of the highway for which a minimum speeding
limit is established.
Subdivision (b) of this section shall apply only to vehicles
subject to registration.
22401. Local authorities in timing traffic signals may so
regulate the timing thereof as to permit the movement of
traffic in an orderly and safe manner at speeds slightly at
variance from the speed otherwise applicable under this code.
22402. The Department of Transportation may, in the
manner provided in Section 22404 determine the maximum
speeding, not less than five miles per hour, which can be
maintained with safety to any bridge, elevated structure,
tube, or tunnel on a state highway. Said department may
also make a determination with reference to any other
highway upon receiving a request therefore from the board of
supervisors or road commissioner of the county, the
governing body of the local authority having jurisdiction over
the bridge, elevated structure, tube, or tunnel.
22403. Any local authority may, in the manner provided in
Section 22404, determine the maximum speeding, not less
than five miles per hour, which can be maintained with safety
to any bridge, elevated structure, tube, or tunnel under its
jurisdiction, or may request the Department of Transportation
to make such determination.
22404. The Department of Transportation or local authority
making a determination of the maximum safe speed upon a
bridge, elevated structure, tube, or tunnel shall first make an
engineering investigation and shall hold a public hearing.
Notice of the time and place of the public hearing shall be
posted upon the bridge, elevated structure, tube, or tunnel at
least five days before the date fixed for the hearing. Upon
the basis of the investigation and all evidence presented at
the hearing, the department or local authority shall
determine by order in writing the maximum speeding which
can be maintained with safety to the bridge, elevated
structure, tube or tunnel. Thereupon, the authority having
jurisdiction over the bridge, elevated structure, tube, or
tunnel shall erect and maintain suitable signs specifying the
maximum speeding so determined at a distance of not more
than 500 feet from each end of the bridge, elevated
structure, tube, tunnel, or any approach thereto.
22405. (a) No person shall drive a vehicle on any bridge,
elevated structure, tube, or tunnel constituting a part of a
highway, at a speeding which is greater than the maximum
speeding which can be maintained with safety to such
structure.
(b) Upon the trial of any person charged with a violation of
this section with respect to a sign erected under Section
22404, proof of the determination of the maximum speeding
by the Department of Transportation or local authority and
the erection and maintenance of the speeding signs shall
constitute prima facie evidence of the maximum speed which
can be maintained with safety to the bridge, elevated
structure, tube, or tunnel.
SPEEDING TICKETS FOR VEHICLE CODE SECTION
22406 and 22407 APPLY TO LARGE TRUCKS &
VEHICLES TOWING
22406 No person may drive any of the following vehicles on
a highway at a speeding in excess of 55 miles per hour:
(a) A motor truck or truck tractor having three or more axles
or any motor truck or truck tractor drawing any other vehicle.
(b) A passenger vehicle or bus drawing any other vehicle.
(c) A school bus transporting any school pupil.
(d) A farm labor vehicle when transporting passengers.
(e) A vehicle transporting explosives.
(f) A trailer bus, as defined in Section 636.
22406 .1. (a) A person who operates a commercial motor
vehicle, as defined in subdivision (b) of Section 15210, upon
a highway at a speeding exceeding a posted speed limit
established under this code by 15 miles per hour or more, is
guilty of a misdemeanor.
(b) A person who holds a commercial driver's license, as
defined in subdivision (a) of Section 15210, and operates a
noncommercial motor vehicle upon a highway at a speed
exceeding a posted speeding limit established under this code
by 15 miles per hour or more, is guilty of an infraction.
(c) A violation of either subdivision (a) or (b) is a "serious
traffic violation," as defined in subdivision (p) of Section
15210, and is subject to the sanctions provided under Section
15306 or 15308, in addition to any other penalty provided by
law.
(d) This section shall become operative on September 20,
2005.
22406 .5. Any person who drives a tank vehicle subject to
Division14.7 (commencing with Section 34000) while
transporting more than 500 gallons of flammable liquid at a
speeding greater than the applicable speeding limit or in
willful or wanton disregard for the safety of persons or
property is, in addition to any other applicable penalty,
subject to a fine of not less than five hundred dollars ($500)
for a first offense and, for a second or subsequent offense
within two years of a prior offense, to a fine of not less than
two thousand dollars ($2,000) and a suspension of up to six
months of a hazardous materials or cargo tank endorsement,
or both.
22407. Whenever the Department of Transportation or local
authority determines upon the basis of engineering studies
and a traffic survey that the speed of 55 miles per hour is
more than is reasonable or safe for vehicles mentioned in
subdivision (a) of Section 22406, which have a
manufacturer's gross vehicle weight rating of 10,000 pounds
or more, in descending a grade upon any portion of a
highway, the department or local authority, with respect to
highways under their respective jurisdiction, may determine
and declare a speeding limit of 50, 45, 40, 35, 30, 25, or 20
miles per hour, whichever is found most appropriate to
facilitate the orderly movement of traffic and is reasonable
and safe, which declared speeding limit shall be effective for
such vehicles when appropriate signs giving notice thereof
are erected upon the highway.
22409. No person shall operate any vehicle equipped with
any solid tire when such vehicle has a gross weight as set
forth in the following table at any speeding in excess of the
speeding set forth opposite such gross weight:
When gross weight Maximum speed
of vehicle and in miles
load is: per hour:
10,000 lbs. or more but less than 16,000 lbs. .... 25
16,000 lbs. or more but less than 22,000 lbs. .... 15
22,000 lbs. or more .............................. 12
22410. No person shall operate any vehicle equipped with
any metal tire in contact with the surface of the highway at a
speeding in excess of six miles per hour.
22411. No person shall operate a motorized scooter at a
speeding in excess of 15 miles per hour.
22413. Whenever a local authority determines upon the
basis of an engineering and traffic survey that the prima facie
limit of 25 miles per hour is more than is reasonable and safe
on any portion of a street having a grade in excess of 10
percent, the local authority may by ordinance determine and
declare a maximum limit of 20 or 15 miles per hour,
whichever is found most appropriate and is reasonable and
safe. The declared maximum speeding shall be effective
when appropriate signs giving notice thereof are erected
upon the street.
Video #1 Speeding ticket by Stalker Radar
Video #2 Police Speed Radar Stalker Dual
Video #3 Most Expensive Speeding Ticket
Video #4 Funny Traffic Ticket Stop
Video #5 Wildest Speeding Ticket
Video #6 Flash & Speeding Ticket
Video #7 Speeding Ticket by Radar
Therefore, to fight two speeding tickets for the same violation
code may require completely different defense arguments
from one to another.
That is where the many years of experience by our speeding
ticket experts can make the difference between beating the
ticket or not. Please note if speeding ticket defenses were
simple and could be explained in a simple manner, our
experts would have created a handbook to exactly teach
individuals how to beat their speeding citations.
Unfortunately, the subject of contesting speeding tickets is
not that simple.
How to fight a speeding ticket for violation of code
section VC 22350?
Violation of VC 22350 is subject to the California speed trap
rules. Therefore, a speed trap defense for VC 22350 may
work for this type of speeding tickets.
How to fight a speeding ticket for violations of
California vehicle code section VC 22349 a, VC 22349 b
and VC 22356 b ?
Violations of California Vehicle Code Sections VC 22349 a,
VC 22349 b or VC 22356 b are not subject to the California
speed trap arguments. The only way to fight these speeding
tickets is to examine the way the Officer collected the
speeding evidence against the driver. Therefore, complete
familiarity of the use of speed RADR, speed LIDAR or LASER
or speed detection by pacing is necessary. In our opinion the
best experts to review and analyze the information to
prepare a defense and fight these types of speeding tickets
are retired California Highway Patrol or local City Police or
County Sheriff Officers. Also, electrical engineers with
complete knowledge of speed radar, speed lidar or speed
laser operation can prepare a solid speeding defense.
A common mistake most people make when they prepare
their own defense in fighting these types of speeding tickets
in court is self incrimination. For example, if you were issued
a speeding ticket for driving 80 mph in 65 mph zone and you
show up in traffic court and tell the judge you were not
driving 80 mph but you were only going 70 mph, well you
have just admitted that you are guilty of exceeding the
maximum speed limit of 65 mph. The only issue is to reduce
your ticket from 80 mph to 70 mph. However, the Judge is
not just going to reduce your speeding citation just because
you say you were going 70 mph and most likely after you say
that you were driving at 70 mph the Judge is going to
interrupt you and say “guilty next”.
Or, if your defense is that everyone was driving at 70 mph
but you were the only one that was pulled over, again you
are guilty since the Officer could not possibly be expected to
stop every single speeding violator. So, the first thing is not
to self incriminate.
Second, just showing up in traffic court and claiming that the
Officer’s speed radar detected the speed of some other car
and not your speed, is not going to work well either. If you
are claiming error by the officer or the speed radar, you must
present convincing argument in court to create reasonable
doubt. Therefore, you must look at the condition and the
exact location of the roadway, weather, day or night, line of
sight, vertical and horizontal curves in the roadway and
exactly where the alleged speeding violation occurred. You
should also know exactly what speed detection device was
used (Radar or Lidar or Laser) with the model numbers. You
must know the detailed operational requirements and the
margin of error in using each of the devices available to the
California Highway Patrol or the local City and County Sheriff
Police Departments. Each speed detection device will have a
different argument taking into account the following:
1-The specific location where the alleged speeding violation
occurred
2-The conditions of the roadway
3-Specific type and model number of the speed detection
radar, lidar or laser
4-The specific speed detection unit that was used to issue the
specific speeding ticket to you
5-Was the speed detection device used in moving mode or
stationary
6- Was the officer facing the target vehicle moving in the
same or opposite direction
7- If airplane was used to detect the speed
8-Was the speed detected by pacing
As you can see there are multiple variations of possible
arguments that an individual MUST be familiar with to know
exactly where the possible mistakes were made and be able
to explain the issues in a clear and concise manner to the
Judge to get the speeding ticket dismissed.
The following are the speed related California Vehicle Code
sections for speeding tickets:
SECTIONS 22348-22366 and SECTIONS 22400-22413
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.
22348 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.
The most common speeding tickets are issued for the
violations of 22349 (a) & (b) in most cases by the
California Highway Patrol
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.
22349 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.
Speed Trap Rules apply to speeding violations of 22350
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.
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 speeding of any vehicle upon a highway in excess of
the prima facie speeding limits in Section 22352 or
established as authorized in this code is prima facie unlawful
unless the defendant establishes by competent evidence that
the speeding in excess of said limits did not constitute a
violation of the basic speeding law at the time, place and
under the conditions then existing.
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.
22353 When conducting an engineering and traffic survey,
the City of Norco, in addition to the factors set forth in
Section 627, may also consider equestrian safety.
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 speeding 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
speeding 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.
22354.5 (a) Whenever the Department of Transportation
determines, upon the basis of an engineering and traffic
survey, to increase or decrease the existing speeding 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 portion 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 speeding limit.
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 speeding
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 speeding limit. The
speeding limit upon the freeway at a particular time and
place shall be that which is then and there displayed upon
such sign.
Another common speeding violation is 22356 b. These
speeding tickets are mostly issued by the California
Highway Patrol
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 speeding 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 speeding
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 speeding 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.
22356 b No person shall drive a vehicle upon that highway at
a speeding greater than 70 miles per hour, as posted.
(c) This section shall become operative on the date specified
in subdivision (c) of Section 22366.
22357 (a) Whenever a local authority determines upon the
basis of an engineering and traffic survey that a speeding
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 speeding 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 speeding 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.
22357.1 Notwithstanding Section 22357, a local authority
may, by ordinance or resolution, set a prima facie speeding
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 mile per hour
speeding limit shall be effective when signs giving notice of
the speeding limit are posted.
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
speeding 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.
22358.3 Whenever a local authority determines upon the
basis of an engineering and traffic survey that the prima facie
speeding 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
speeding 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.
22358.4. (a) (1) Whenever a local authority determines upon
the basis of an engineering and traffic survey that the prima
facie speeding 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
speeding 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 speeding 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 speeding limits as follows:
(A) A 15 miles per hour prima facie limit in a residence
district, on a highway with a posted speeding 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 speeding
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 speeding 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 speeding 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 speeding 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 speeding 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
speeding 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 speeding 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 speeding 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 speeding 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.
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.
22359. With respect to boundary line streets and highways
where portions thereof are within different jurisdictions, no
ordinance adopted under Sections 22357 and 22358 shall be
effective as to any such portion until all authorities having
jurisdiction of the portions of the street concerned have
approved the same. This section shall not apply in the case
of boundary line streets consisting of separate roadways
within different jurisdictions.
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 speeding 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.
22361. On multiple-lane highways with two or more separate
roadways different prima facie speeding limits may be
established for different roadways under any of the
procedures specified in Sections 22354 to 22359, inclusive.
22362. It is prima facie a violation of the basic speeding law
for any person to operate a vehicle in excess of the posted
speeding 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 speeding 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 speeding restriction. Nothing in
this section shall be deemed to relieve any operator of a
vehicle from complying with the basic speeding law.
22363. Notwithstanding any speeding 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 speeding 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.
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 speeding 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 speeding limits
for each of the lanes of traffic.
22365. Notwithstanding any other provision of law, any
county or city, which is contained, in whole or in part, within
the South Coast Air Quality Management District, may, if the
county or city determines that it is necessary to achieve or
maintain state or federal ambient air quality standards for
particulate matter, determine and declare by ordinance a
prima facie speeding limit that is lower than that which the
county or city is otherwise permitted by this code to
establish, for any unpaved road under the jurisdiction of the
county or city and within the district. That declared prima
facie speeding limit shall be effective when appropriate signs
giving notice thereof are erected along the road.
22366. (a) Whenever the Director of Transportation
determines the date upon which the state may establish a
maximum speeding limit of 65 miles per hour on highways
without subjecting the state to a reduction in the amount of
federal aid for highways, the director shall notify the
Secretary of State of that determination.
(b) The notice required under subdivision (a) shall state that
it is being made pursuant to this section.
(c) The notice shall specify a date which is either the date
determined pursuant to subdivision (a), or a later date
designated by the director.
VEHICLE CODE SECTIONS 22400-22413
22400. (a) No person shall drive upon a highway at such a
slow speeding as to impede or block the normal and
reasonable movement of traffic unless the reduced speeding
is necessary for safe operation, because of a grade, or in
compliance with law. No person shall bring a vehicle to a
complete stop upon a highway so as to impede or block the
normal and reasonable movement of traffic unless the stop is
necessary for safe operation or in compliance with law.
(b) Whenever the Department of Transportation determines
on the basis of an engineering and traffic survey that slow
speeds on any part of a state highway consistently impede
the normal and reasonable movement of traffic, the
department may determine and declare a minimum speeding
limit below which no person shall drive a vehicle, except
when necessary for safe operation or in compliance with law,
when appropriate signs giving notice thereof are erected
along the part of the highway for which a minimum speeding
limit is established.
Subdivision (b) of this section shall apply only to vehicles
subject to registration.
22401. Local authorities in timing traffic signals may so
regulate the timing thereof as to permit the movement of
traffic in an orderly and safe manner at speeds slightly at
variance from the speed otherwise applicable under this code.
22402. The Department of Transportation may, in the
manner provided in Section 22404 determine the maximum
speeding, not less than five miles per hour, which can be
maintained with safety to any bridge, elevated structure,
tube, or tunnel on a state highway. Said department may
also make a determination with reference to any other
highway upon receiving a request therefore from the board of
supervisors or road commissioner of the county, the
governing body of the local authority having jurisdiction over
the bridge, elevated structure, tube, or tunnel.
22403. Any local authority may, in the manner provided in
Section 22404, determine the maximum speeding, not less
than five miles per hour, which can be maintained with safety
to any bridge, elevated structure, tube, or tunnel under its
jurisdiction, or may request the Department of Transportation
to make such determination.
22404. The Department of Transportation or local authority
making a determination of the maximum safe speed upon a
bridge, elevated structure, tube, or tunnel shall first make an
engineering investigation and shall hold a public hearing.
Notice of the time and place of the public hearing shall be
posted upon the bridge, elevated structure, tube, or tunnel at
least five days before the date fixed for the hearing. Upon
the basis of the investigation and all evidence presented at
the hearing, the department or local authority shall
determine by order in writing the maximum speeding which
can be maintained with safety to the bridge, elevated
structure, tube or tunnel. Thereupon, the authority having
jurisdiction over the bridge, elevated structure, tube, or
tunnel shall erect and maintain suitable signs specifying the
maximum speeding so determined at a distance of not more
than 500 feet from each end of the bridge, elevated
structure, tube, tunnel, or any approach thereto.
22405. (a) No person shall drive a vehicle on any bridge,
elevated structure, tube, or tunnel constituting a part of a
highway, at a speeding which is greater than the maximum
speeding which can be maintained with safety to such
structure.
(b) Upon the trial of any person charged with a violation of
this section with respect to a sign erected under Section
22404, proof of the determination of the maximum speeding
by the Department of Transportation or local authority and
the erection and maintenance of the speeding signs shall
constitute prima facie evidence of the maximum speed which
can be maintained with safety to the bridge, elevated
structure, tube, or tunnel.
SPEEDING TICKETS FOR VEHICLE CODE SECTION
22406 and 22407 APPLY TO LARGE TRUCKS &
VEHICLES TOWING
22406 No person may drive any of the following vehicles on
a highway at a speeding in excess of 55 miles per hour:
(a) A motor truck or truck tractor having three or more axles
or any motor truck or truck tractor drawing any other vehicle.
(b) A passenger vehicle or bus drawing any other vehicle.
(c) A school bus transporting any school pupil.
(d) A farm labor vehicle when transporting passengers.
(e) A vehicle transporting explosives.
(f) A trailer bus, as defined in Section 636.
22406 .1. (a) A person who operates a commercial motor
vehicle, as defined in subdivision (b) of Section 15210, upon
a highway at a speeding exceeding a posted speed limit
established under this code by 15 miles per hour or more, is
guilty of a misdemeanor.
(b) A person who holds a commercial driver's license, as
defined in subdivision (a) of Section 15210, and operates a
noncommercial motor vehicle upon a highway at a speed
exceeding a posted speeding limit established under this code
by 15 miles per hour or more, is guilty of an infraction.
(c) A violation of either subdivision (a) or (b) is a "serious
traffic violation," as defined in subdivision (p) of Section
15210, and is subject to the sanctions provided under Section
15306 or 15308, in addition to any other penalty provided by
law.
(d) This section shall become operative on September 20,
2005.
22406 .5. Any person who drives a tank vehicle subject to
Division14.7 (commencing with Section 34000) while
transporting more than 500 gallons of flammable liquid at a
speeding greater than the applicable speeding limit or in
willful or wanton disregard for the safety of persons or
property is, in addition to any other applicable penalty,
subject to a fine of not less than five hundred dollars ($500)
for a first offense and, for a second or subsequent offense
within two years of a prior offense, to a fine of not less than
two thousand dollars ($2,000) and a suspension of up to six
months of a hazardous materials or cargo tank endorsement,
or both.
22407. Whenever the Department of Transportation or local
authority determines upon the basis of engineering studies
and a traffic survey that the speed of 55 miles per hour is
more than is reasonable or safe for vehicles mentioned in
subdivision (a) of Section 22406, which have a
manufacturer's gross vehicle weight rating of 10,000 pounds
or more, in descending a grade upon any portion of a
highway, the department or local authority, with respect to
highways under their respective jurisdiction, may determine
and declare a speeding limit of 50, 45, 40, 35, 30, 25, or 20
miles per hour, whichever is found most appropriate to
facilitate the orderly movement of traffic and is reasonable
and safe, which declared speeding limit shall be effective for
such vehicles when appropriate signs giving notice thereof
are erected upon the highway.
22409. No person shall operate any vehicle equipped with
any solid tire when such vehicle has a gross weight as set
forth in the following table at any speeding in excess of the
speeding set forth opposite such gross weight:
When gross weight Maximum speed
of vehicle and in miles
load is: per hour:
10,000 lbs. or more but less than 16,000 lbs. .... 25
16,000 lbs. or more but less than 22,000 lbs. .... 15
22,000 lbs. or more .............................. 12
22410. No person shall operate any vehicle equipped with
any metal tire in contact with the surface of the highway at a
speeding in excess of six miles per hour.
22411. No person shall operate a motorized scooter at a
speeding in excess of 15 miles per hour.
22413. Whenever a local authority determines upon the
basis of an engineering and traffic survey that the prima facie
limit of 25 miles per hour is more than is reasonable and safe
on any portion of a street having a grade in excess of 10
percent, the local authority may by ordinance determine and
declare a maximum limit of 20 or 15 miles per hour,
whichever is found most appropriate and is reasonable and
safe. The declared maximum speeding shall be effective
when appropriate signs giving notice thereof are erected
upon the street.
Video #1 Speeding ticket by Stalker Radar
Video #2 Police Speed Radar Stalker Dual
Video #3 Most Expensive Speeding Ticket
Video #4 Funny Traffic Ticket Stop
Video #5 Wildest Speeding Ticket
Video #6 Flash & Speeding Ticket
Video #7 Speeding Ticket by Radar
| 2 FIX YOUR TRAFFIC TICKET WE STRIVE FOR JUSTICE & FAIRNESS FOR ALL |
To successfully fight a speeding ticket for speed violations of
VC 22350, VC 22349 VC 22356 and VC 22406 a detailed
knowledge of the California vehicle code, operating
procedures and standards as well as speed radar, lidar and
laser operation are an absolute must.
Our traffic ticket experts have many years of experience in
fighting speeding tickets. They will review the specific
conditions that lead to the officer issuing a speeding ticket to
you and prepare a defense that specifically points out the
questionable issues to get the speeding ticket dismissed in
traffic court.
VC 22350, VC 22349 VC 22356 and VC 22406 a detailed
knowledge of the California vehicle code, operating
procedures and standards as well as speed radar, lidar and
laser operation are an absolute must.
Our traffic ticket experts have many years of experience in
fighting speeding tickets. They will review the specific
conditions that lead to the officer issuing a speeding ticket to
you and prepare a defense that specifically points out the
questionable issues to get the speeding ticket dismissed in
traffic court.
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HOW TO FIGHT SPEEDING TICKETS
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