Legal Question in Traffic Law in California

Can opposing lanes on a two-lane road have different speed limits without being expressly posted as such?


Asked on 4/01/11, 1:45 pm

1 Answer from Attorneys

I would think they could, but it would have to be an unusual set of circumstances. If there were no posted speed limits the driver would be required to follow the basic speed law. Therefore, it would be the police officer's discretion whether the driver violated the law. It would be extremely to fight a ticket on these grounds for that reason. The driver would somehow have to show that the officer's discretion was wrong because he enforces one speed on one side and another on the other for absolutely no reason. It is extremely unlikely the driver could prove this fact because the officer would have to admit it because you couldn't rely on the fact that he did not give another car a ticket for going the same speed going the other way.

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Answered on 4/06/11, 9:19 am


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