Basic Rule Speeding Tickets Are Beatable
What is California Vehicle Code 22350 VC or CVC 22350?
California Vehicle Code 22350 VC is also known as “the basic speed law” and requires motorists to drive at a speed that is safe for road conditions and circumstances.
Officers usually write 22350 VC on the traffic ticket issued to motorists; 22350 VC is short for CVC 22350 or California Vehicle Code 22350.
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, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
A safe rate of speed can vary depending on the circumstances involved which is why it is best to challenge a speeding ticket received for the infraction of California Vehicle Code 22350.
A traffic ticket expert can help review your ticket and unique circumstances to provide ideal legal tactics when challenging a speeding ticket for the violation of 22350 VC in California.
California Vehicle Code 22350 VC Article Contents:
A. California Vehicle Code 22350 VC Explained
What is California Vehicle Code 22350 or CVC 22350?
How much does a speeding ticket for California Vehicle Code 22350 cost?
Does a speeding ticket for California Vehicle Code 22350 carry any DMV points?
What is the offense and classification of California Vehicle Code 22350?
Is California Vehicle Code 22350 a misdemeanor?
What is the difference between an absolute speed law and a basic speed limit law?
B. What are some determination factors of safe and reasonable speed for California Vehicle Code 22350?
C. Penalties Associated with California Vehicle Code 22350
Costs of a speed violation for 22350 VC
Fees for a violation of vehicle code 22350
Insurance Rates and Violations of vehicle code 22350
Possible insurance rate increases for the violation of VC 22350
Ways to keep my insurance rates low if a traffic ticket for the violation for vc 22350 is received in California?
DMV points associated with the violation of California vehicle code 22350.
D. What can I do if I receive a speeding ticket for California Vehicle Code 22350?
Fighting a traffic ticket issued for the violation of California Vehicle Code 22350
Attending traffic school for a traffic ticket issued for the violation of California Vehicle Code 22350
Contacting a Traffic Ticket Expert for the violation of California Vehicle Code 22350
E. What are the methods of speed-detection used by officers when issuing a citation for the violation of California Vehicle Code 22350?
Radar
LIDAR
Pace
Visual Estimation
F. Can I ignore a speeding ticket for the violation of vehicle code 22350?
How long does an unpaid ticket stay on my DMV driving record?
G. Focus Group : Questions about traffic tickets issued for the violation of California Vehicle code 22350
A. California Vehicle Code 22350 VC Explained
CVC 22350 or California Vehicle Code 22350 is California’s basic speed law. It is the law that requires drivers in California to travel upon a highway at a speed that is safe for given conditions.
The elements of California Vehicle Code 22350 must be satisfied for an infraction to be upheld in court.
Elements of Vehicle Code 22350 are:
- Driving at a speed that is greater than reasonable speeds
- Driving at a speed that is not reasonable based on circumstances like visibility, weather, and traffic conditions
- Driving on a highway
- Driving at speeds that endangered the safety of another person or property
The true cost of a speeding ticket for the violation 22350 VC can vary depending on the alleged speed and driving history. The fine amount for your California Vehicle Code 22350 ticket can be found on the Courtesy Notice which is sent from the courthouse.
Below are the base fee amounts for speeding tickets issued for the basic speed law, 22350 VC:
- Traveling 1-15 miles per hour over the speed limit : $238
- Traveling 16-25 miles per hour over the speed limit : $367
- Traveling 26+ miles per hour over the speed limit : $490 or higher
Remember the fine amount required to the court for the speed ticket is not the only cost associated with infractions for the violation of vehicle code 22350.
Other costs include:
- Higher insurance rates
- Traffic school fees
- Possible job loss
- DMV points on permanent driving record
Drivers can avoid costs associated with a speeding ticket for vehicle code violation of 22350 VC by challenging the ticket for dismissal. A traffic ticket expert at Ticket Snipers can go over the costs associated with your 22350 VC speeding ticket.
Yes, a violation of California Vehicle Code 22350 does carry 1 DMV point on your driving. If convicted, the fine amount for the violation starts at $238 and renders one-point on your DMV driving record.
Other 1-point speed violation vehicle codes :
More serious offenses carry 2 license points.
Following traffic offenses will render 2-points on your driving record:
- Driving at speeds in excess of 100 miles per hour
- Reckless driving
- Evading law enforcement
- Hit and run collisions resulting in damage or injury
Any violation of California vehicle code 22350 is considered an infraction not a criminal offense. Under California law, a violation of vehicle code 22350 is classified as an infraction and this means you are not at risk of being incarcerated due to a conviction of the speed violation.
A criminal traffic ticket is more severe than an infraction and a criminal traffic ticket alleges that a motorist committed a criminal traffic violation.
Examples of criminal traffic violations:
- Driving without a valid license
- Careless driving
- Vehicular homicide or manslaughter
- DUI, which is a misdemeanor for your first offense
- Leaving the scene of an accident
CVC 22350 is considered an infraction not a misdemeanor.
California has two types of traffic tickets; infractions and misdemeanors.
Traffic Infractions : An infraction is a minor offense that is usually punishable by a fine and if the fine is paid, there is no jail time.
Examples of Traffic Infractions:
- CVC 22350 -Basic Speed Law
- CVC 21453(a) -Red Light Signal Violation
- CVC 22450 -Stop Sign
Misdemeanors : Are more severe violations that typically involve increased penalties and impact the driver’s criminal record.
Examples of Traffic Misdemeanors:
- Driving without a valid driver’s license : Vehicle Code 12500(a)
- Fleeing from an officer : Vehicle Code 2800.1
- Reckless Driving : Vehicle Code 23103(a)
Absolute speed laws are maximum speeds and basic speed laws are reasonably safe speeds. Generally, there are three types of speed limits that are enforced; absolute, prima facie, and basic.
When challenging a speeding ticket in California what the officer has to prove to get a conviction and possible defenses depend on the type of speed limit violation listed on the ticket.
“Absolute Speed Limits”
Absolute Speed Limits, also known as maximum speed limits are straight forward, when you drive at a higher rate of speed than the posted speed limit you can be issued a ticket for speeding. Absolute speed limits are the most common type of speed law. Most states have at least one absolute speed law on the books.
If you received a speeding ticket for an absolute speed limit in California and want to challenge it, it is best to understand the method used by the officer to obtain the alleged speed.
Remember for absolute speed limits, driving even one mile over the posted speed limit is considered an infraction. Examples of absolute speed or maximum speed laws in California:
- 22349(a) : 65 mph on highways and freeways that do not have posted signs for a higher rate of speed
- 22349(b) : 55 mph on two-lane, undivided highways unless there is a posted sign for a higher rate of speed
- 22356(b) : 70 mph on highways with posted signs
“Basic Speed Limits”
Basic Speed Limits require motorists to operate their vehicles at a speed that is reasonable under the circumstances or current road conditions.
Drivers are shocked to learn that they can be issued a speeding ticket for traveling under the speed limit.
With a basic speed law the roadway conditions can make driving at the speed limit a violation.
For example, if the speed limit for a roadway was 65 miles per hour and it was raining during rush hour traffic, a motorist traveling at the speed limit of 65 miles per hour on the highway can be issued a citation for the violation of a basic speed law.
In fact, even if the driver was traveling at 64 miles per hour under the same circumstances a citation can be issued.
Drivers are shocked to learn that they can be issued a speeding ticket for traveling under the speed limit. It can happen if an officer determines that your speed was unsafe for conditions.
If you received a speeding ticket for a basic speed limit violation in California and want to challenge it, it is best to understand how it was determined that your speed was unsafe.
Showing good cause to travel at the rate of speed you were traveling at or providing evidence of officer error are ways to help avoid being found in violation of California Vehicle Code 22350 VC.
Consulting a traffic ticket expert is recommended when a violation of vc 22350 is received. Experts at Ticket Snipers can help review your ticket and provide best ways to beat a violation for California Vehicle Code 22350.
B. What are some determination factors of safe and reasonable speed for California Vehicle Code 22350?
There are many specific circumstances identified by the courts in California that are important in determining whether a motorist’s speed was safe and reasonable.
Contributing Factors:
- There were animals near the road
- The driver’s view was obstructed or limited
- There were pedestrians near the driver
- There were bicyclists near the driver
- The roads were slippery or wet
- The driver was in a business district, a rural area, or a residential area
Certain conditions require drivers to travel at a lower speed regardless of the posted speed limit. Some of those conditions and speed limits are listed below.
Business or Residential Areas : speed limit of 25 miles per hour
School Zones : speed limits that range from 15-25 miles per hour
Narrow Alleys : speed limit of 15 miles per hour
Blind Intersections : speed limit of 15 miles per hour
C. What are the penalties associated with the violation of California Vehicle Code 22350?
How much will a speeding ticket for the violation of 22350 VC cost?
Most drivers only think about the fine amount required by the court as costs of a speeding ticket issued in California, however, it is important to understand that the costs of a traffic violation for VC 22350 go beyond the court fees.
Other fees associated with receiving a ticket for the violation of vc 22350 are insurance rate increase and traffic school fees.
What are the court fees for a violation of vehicle code 22350 in California?
The fine for a violation of vc 22350 traffic ticket is determined by the court and the ticket provides insight as to the fee for your speeding ticket.
The base fees for a speed violation of VC 22350 are :
- Traveling 1-15 miles per hour over the speed limit : $238
- Traveling 16-25 miles per hour over the speed limit : $367
- Traveling 26+ miles per hour over the speed limit : $490 or higher
If you are found guilty or you pay a ticket for the violation of VC 22350 without challenging it, it may increase your insurance rates.
Insurance companies usually view DMV driving records to determine vehicle insurance rates provided. If an individual has multiple infractions or points on their DMV driving record they will be faced with increased insurance rates.
Other common factors used by insurance companies to determine rate coverages:
- The type of vehicle needing coverage
- Annual mileage driven
- Driver’s age
- Insurance carrier
- Deductibles and coverage chosen
On average the annual full coverage premium increase after a driver in California is convicted of a speed violation is 35 percent. The national average is 21 percent.
It is best to contact your insurance company to find out if your speeding ticket for vc 23350 will increase your insurance rates.
Keeping the point off your DMV driving record is the best way to keep vehicle insurance rates low.
Ways to keep the point off your driving record if you received a traffic ticket for the infraction of violation vc 22350 are completing a court approved traffic school or fighting the basic speed limit violation for dismissal.
You can also contact a traffic ticket expert to help explore the best options in keeping your speed violation of vc 22350.
How many DMV points does a violation for vehicle code 22350 carry?
If a driver gets multiple points on their DMV driving record they can be classified as a negligent driver. Negligent drivers also run the risk of a driver’s license suspension.
Driver’s license can be suspended is a motorist receives:
- 4 points in a 12 month period,
- 6 points in 24 months, or
- 8 points in 36 months,
How long does a point stay on your DMV driving record?
A conviction of California vehicle code 22350 is considered a minor speed violation that results in just one-point on your DMV driving record.
Typically the point will fall off your driving record after three years and three months.
What are the Classification of DMV points?
Traffic tickets can carry 1 to 2 points on your driving record. California Vehicle Code 22350 is a one-point violation and a minor infraction. Major violations like a DUI, speeding over 100 miles per hour, or a hit-and-run are two-point violations.
D. What can I do if I receive a speeding ticket for the violation of California Vehicle Code 22350 VC?
Challenge the speeding ticket (recommended) for the violation of vehicle code 22350 or pay the ticket and attend traffic school if eligible.
How do I fight a speed violation of California Vehicle Code 22350?
If you received a speeding ticket for the violation of 22350 VC it is best to fight it to keep your driving record clean.
Drivers in California can fight their traffic ticket for the violation of 22350 VC by going to an in-person court trial or with a trial by written declaration.
- In-person court trial: Requires the individual to make an appearance in court to enter a plea and an appearance is required for the actual trial.
- Trial by Written Declaration: Does not require an in-person appearance in court and the traffic ticket for 22350 VC can be challenged through the mail. For drivers in California that are issued a traffic ticket for the violation of 22350 VC the Trial by Written Declaration is the best method for dismissal.
Can I go to traffic school for the violation of California Vehicle Code 22350?
Yes, most drivers issued a traffic ticket for the violation of vc 22350 are eligible for traffic school.
Drivers not eligible for traffic school:
- Attended traffic school for an eligible violation that occurred within the last 18 months.
- Possess a commercial license and were driving a commercial vehicle when cited.
- Officer has alleged a speed of 26 miles per hour or more over the speed limit.
Can a traffic ticket expert help in the dismissal of a speed violation for California Vehicle Code 22350?
Remember traffic school does not mean the point on your driving record is no longer there, when traffic school is completed the point is still accessible by the DMV.
If you received a speeding ticket in California for the violation of VC 22350 contact a traffic ticket expert to understand your options.
Traffic ticket experts at Ticket Snipers can review your speeding ticket to determine best avenues for keeping your driving record clean.
E. What are the methods of speed-detection used by officers when issuing a citation for the violation of 22350 VC?
Most drivers assume that a radar gun reading is the only way an officer (City police or County Sheriff) can detect the speed of a motorist. Radar in fact is not the only method of speed-detection used by officers in California.
Methods of speed-detection include :
- Radar
- LIDAR
- Pace
- Visual
Radar devices use radio waves to measure speed. Essentially the radar device transmits radio waves at a fixed frequency and when the radio waves strike a target vehicle some of the signals are reflected and bounced back towards the radar device.
The radar device then analyzes the returned signals and any changes to calculate the speed of the target vehicle. The calculated speed is displayed on the radar device for the officer.
There are three kinds of radar that officers use:
- Handheld Radar Device
- Fixed Moving Radar
- Vehicle-Mounted Stationary Radar
Handheld radar devices: As the name implies, this is a radar device handheld by the officer to target a vehicle for speed measurement.
The accuracy depends on officer precision. Handheld radar devices give officers more control in aiming, however the officer must keep the device still when targeting a vehicle.
False speed readings are common and can result in the slightest movement of the radar device.
Fixed moving radar: This radar device is mounted in or on the patrol vehicle. The radar unit takes the speed of the patrol vehicle in relation to the target vehicle.
Vehicle-mounted stationary radar: The radar unit is mounted within the patrol vehicle pointing out the rear-view window or outside the patrol vehicle facing oncoming traffic. An officer usually parks the patrol vehicle and waits for an alert from the radar unit.
Officers have to do very little when using vehicle-mounted stationary radar but it is near impossible to isolate one lane on a roadway for speed measurement.
A speeding ticket issued for the violation of vc 22350 from a radar device can be challenged for dismissal.
A LIDAR or laser device uses pulses of light rather than radio waves to detect speed. The short bursts of infrared light are used to target a moving vehicle.
The light beam is reflected off the target vehicle and back to the LIDAR gun. The LIDAR gun rapidly analyzes the “round trip” of the laser beam and provides a speed-reading.
Even if a speeding ticket is received for the violation of 22350 vc using a LIDAR device you can still challenge the ticket.
Officers use their own patrol vehicle to detect the speed of a target vehicle. Essentially, the officer will drive behind or next to the vehicle to match the pace of that vehicle and the speed is verified by the officer’s patrol vehicle speedometer.
Traffic tickets for the violation of 22350 VC issued as a result of pacing a vehicle are very beatable.
Multiple factors must be considered to prove officer accuracy when pacing a vehicle and when you challenge the speeding ticket you get the opportunity for dismissal.
Officers use visual estimation to determine the speed of a vehicle. Visual estimation of speed for a violation of vc 22350 is considered the weakest form of speed verification.
Training is important and most officers receive training in visual estimation of speed when they train at the academy. Possible ways of officer training are :
- Officers are taken out to a road that is closed and shown cars driving at different speeds in order for the training officer to get a “feel” of particular speeds.
- Officers are shown videos of vehicles driving at different speeds.
- Speeding tickets issued from visual estimation for the violation of vc 22350 can be dismissed.
F. Can I ignore a speeding ticket for the violation of vehicle code 22350?
Short answer, no you can not ignore a speed ticket issued for the violation of vehicle code 22350.
How long does an unpaid ticket stay on my DMV driving record?
An unpaid ticket for the violation of VC 22350 can result in a Failure to Appear and a failure to appear (CVC §12808c) will be reported for 5 years from the violation date.
How many points can be accumulated until a license is suspended in California?
Your driver’s license in California will automatically be suspended if you receive:
- 4 points within 1 year
- 6 points within 2 years
- 8 points within 3 years
G. Focus Group : Questions About Speeding Tickets issued for California Vehicle code 22350 VC
Can I fight a speeding ticket for the violation of CVC 22350?
Yes, traffic tickets issued for the violation of California vehicle code 22350 can be challenged and dismissed.
Some of the ways to challenge a traffic ticket for the speed violation of 22350 VC are to show that:
- The traffic stop was unlawful or improper
- The officer failed to accurately operate the radar device
- Your speed was considered reasonable and safe
- There was a mistake made
- The officer violated your constitutional rights
- A traffic ticket expert at Ticket Snipers can go over your options and legal tactics to help you challenge your speed violation for vc 22350.
What is a Traffic and Engineering Study (aka, Speed Zone Survey)?
A speed survey is also known as an Engineering and Traffic survey. A speed survey is a tool speed to determine what the speed limit should be for a particular section of roadway.
A speed survey description of roadway includes:
- The number of lanes
- Road curvature
- Roadside developments that are present
- Physical attributes of the roadway
- Length of roadway
Not all roadways are required to have a speed survey done to determine the speed limit.
The following factors are used in an Engineering and Traffic survey to establish a speed limit:
- Collision history
- Roadside, traffic, highway conditions, and hazards not readily apparent to a motorist
- Prevailing speeds
- Residential or business density
- Pedestrian safety
What is the significance of a speed zone survey for the violation of vehicle code 22350?
An Engineering and Traffic survey is required when enforcement of a traffic ticket for the violation of vehicle code 22350 involves the use of radar or LIDAR.
Speed surveys/ Engineering and Traffic surveys are only required to disprove the existence of a speed trap in violations involving 22350 VC.
When is a speed survey not required for a speed violation?
The decision for a speed limit for a road set below 65 miles per hour must be based on an Engineering and Traffic survey.
This means that a speed survey is not required for the violation of VC 22349(a) and the following vehicle codes:
- CVC 22349(b) : 55 miles per hour (mph) on all two-lane undivided roads
- CVC 22406 : 55 mph in specified vehicles
- CVC 22356(b) : 70 mph on certain highways
- CVC 22348(b) : over 100 mph
Engineering and Traffic surveys are also not required for reduced limits:
- CVC 22352(a) : 15 mph railroad crossing and narrow alleys
- CVC 22352(b) : 25 mph in school zones when children are present, senior centers with properly posted signs, residential or business districts
How long are Engineering and Traffic surveys valid?
Engineering and Traffic survey must have been prepared within 5 years of the date of the alleged violation of vc 22350. However, Engineering and Traffic surveys can be extended for up to 10 years.
What can I do if I receive a traffic ticket in California for the violation of vehicle code 22350?
Driver options:
- Pay the fine
- Pay the fine and complete traffic school if eligible
- Fight alleged speeding ticket for vehicle code 22350
Is it worth fighting a traffic ticket issued in California for the violation of vehicle code 22350?
Yes, if you received a traffic ticket in California for the violation of 22350 VC it is worth it to challenge the ticket. For one, when a violation of California vehicle code 22350 is dismissed the violation will not go on your DMV driving record.
Furthermore, when a violation of vehicle code 22350 is dismissed the driver does not have to worry about:
- A point on their DMV driving record
- Traffic school
- The fees for the speed violation
Traffic ticket experts at Ticket Snipers can help you challenge your speeding ticket for the violation of vehicle code 22350 for dismissal saving you:
- Peace of mind
- Money
- Permanent driving record
If you received a traffic ticket for the violation of CVC 22350 you may have options for dismissal. Don’t just pay the ticket, take advantage of our expertise and challenge the violation of vehicle code 22350 for dismissal.