What are the guidelines for basic rule speeding (CVC 22350)
When you are driving down the highway and the posted speed limit is 65 mph, but the flow of traffic is closer to 75 mph, does that mean majority of people on the highway is speeding? Many people don’t know the basic rule and guidelines relating to speeding. The basic rule of speeding is outlined in California Vehicle Code Section 22350.
The basic speed law that is found in the California Vehicle Code section 22350 states “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, the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property”. This basic speed law is very broad and vague and doesn’t tell you a definite answer to the question of what truly constitutes speeding. Although, it is vague many cases of precedent have determined that it isn’t so vague and uncertain to make it constitutionally invalid. However, the vagueness of the basic speed law was probably done purposely because the intent behind the basic speed law is primarily to regulate the conduct of vehicle operators who are bound to know conditions that dictate speeds at which they can drive with a reasonable amount of safety or should know their cars and their own ability to handle them, and especially their ability to come to stop at different speeds and under different conditions of surface of highway (Wilding v. Norton). Interesting enough, any speed can constitute speeding. In Finnegan v. Giffen the court determined that any speed beyond what is reasonable and proper with due regard to safety under existing conditions is lawful and speeding can even occur when it is less than the posted speed limit.
Some of the factors that are looked to when determining if the basic speed law is violated are the number and speed of other vehicles on the road, what the road surface is, if there is a presence of bicyclists, presence of pedestrians, presence of animals, if a school is nearby and what the current weather. If there is heavy traffic then you must drive slower in order to drive safely and abide by the basic speed law. Similarly, if the current weather condition is poor then you also must reduce your speed. However, if you drive too slow you can also be in violation because you will be blocking the normal and reasonable movement of traffic which can also be just as dangerous as speeding. It is important to drive a reasonable rate of speed given the current conditions of the road. Beyond the basic speed law there are other speed laws such as absolute speed limits and prima face limits. For example, California Vehicle Code 22356 states “no person shall drive a vehicle upon that highway at a speed greater than 70 miles per hour” when posted. These absolute speed limit laws make it automatically considered that someone is speeding and in violation of the California Vehicle Code when they are driving faster than the limits and the California basic speed law apply. There are also “Prima facie” speed limits outlined in California Vehicle Code which are basically presumed speed limits that motorists are expected to know. For example, a prima facie speed limit of 15 mph at railroad crossings and 25 miles per hour in residential areas and school zones. A violation of prima facie speed limits can use the basic speed law to argue that the speed limit he was traveling was safe and reasonable under those given circumstances. However, if it can’t be effectively argued then the driver will be in violation of the prima facie speed limit violation.
If someone is found to be in violation of California Vehicle Code Section 22350 there are a few different possible consequences. Violating the basic speed law is a infraction and a person found guilty of violating the basic speed law can face a fine, points on your driving record, and in some cases suspension of driver’s license, and being held liable for any negligence case as a result of any auto accidents. The fine for violation of California vehicle code section 22350 is $234 when the driver exceeds the speed limit by 1 to 15 mph. The basic speed law can be applied in conjunction with other California Vehicle Code sections such as reckless driving and the minimum speed law. An increase in insurance premiums can also occur when someone is found to have violated the basic speed law. Any traffic violation, including a violation of the basic speed law, can be challenged in court and if there is any question regarding the validity of violation an attorney should be consulted.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=22350
https://www.shouselaw.com/traffic/speeding/basic.html
https://www.dmv.ca.gov/portal/dmv/detail/pubs/hdbk/speed_limits+
