Legal Question in Traffic Law in California

I received a traffic ticket which I plan to contest - plea not guilty. I was traveling on a city street where the speed limit is 30 MPH. He showed me that he had clocked me at 46 MPH. It is almost impossible to travel that fast due to all the curves and turns on the stretch of the road.

My main point is that he the vehicle code used was 22350. When I looked it up it refers to speeding on the freeway. Is that correct and if so, shouldn't that be enough to dismiss the case?


Asked on 9/10/10, 8:01 pm

1 Answer from Attorneys
Scott Ball Law Office of Scott R. Ball

V.C. 22350 refers to speeding on a "highway." A highway is broadly defined and means an 8 lane freeway or a two lane bumpy country road.

If you are going to challenge a ticket under 22350, you must show that the speed at which you were traveling was not "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"... i.e. the posted speed limit of 30 MPH is too low (show by comparing to similar roads with higher limits) and for the circumstances, you were not being unsafe (show there was no other traffic, no pedestrians, clear, dry day, etc.).

Good luck.

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Answered on 9/16/10, 3:44 pm


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