California Vehicle Code 22351—Prima Facie Speed Law Violation
There are several sections in the California vehicle code dealing with speeding. Under CVC Section 22351, this code section pertains to speeding on highways. If you were recently cited for violating CVC Section 22351, immediately call Ticket Snipers so that we can help dismissed your ticket.
CVC Section 22351 states:
“(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 speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing.”
Your fine depends on how far over the posted maximum speed limit you were allegedly traveling. The fines are listed below:
1-15 mph over limit—$238
16-25 mph over limit—$367
Exceeding 25 mph over limit—$490
Hire a traffic ticket expert from Ticket Snipers since these tickets can be difficult to defend.
Defenses to CVC 22351
There are defenses to this particular speeding violation:
- You were not traveling on a highway or interstate
- It is not always clear when a highway begins or ends or what constitutes an interstate. For instance, are you on a interstate when you pass the toll booth? What if the toll booth is for traffic in the opposite direction?
- The speed which the officer detected was measured or considered was while you were not on highway or interstate.
- Your speed was not above the prima facie speed or the posted speed limit.
These defenses would involve challenging the method by which the officer recorded your speed. There are a number of ways your speed is observed or recorded:
- Pacing. The officer follows the vehicle for a distance and clocks the speed by use of the officer’s speedometer. The officer would have had to follow you onto the bridge or into a tunnel to get your speed. The most accurate reading is if the officer is right behind you. There are a number of factors that can produce an inaccurate measurement.
- Aircraft detection. The pilot can detect your speed by measuring how long it took you to travel between 2 points or by pacing the vehicle speed. The pilot needs to appear in court to verify how he or she measured your speed.
- Radar. An officer may have used radar or laser to detect your speed, which are different methods. Defenses may include the officer’s lack of training in using the equipment or in understanding that a spread-out beam can hit 2 vehicles in adjacent lanes. Inclement weather can produce false readings so that the more rain and wind there is, the less accurate the radar reading. The equipment needs to be calibrated correctly as well.
- VASCAR. This is an acronym for Visual Average Speed Computer and Recorder. It involves more human input that increases the chances of error. It works by having the officer measure the distance between 2 points by use of a measuring tape or the officer’s odometer that is connected to the VASCAR unit. When a vehicle passes between 2 points, the officer presses an electronic stopwatch and then stops it when the car passes the second point. Defenses can point out that it is not accurate for distances of 1500 feet or more or that are less than 500 feet. Others are that the officer’s reaction time can be off or the officer’s own odometer may not be accurate.
Any device has a margin of error and has operational requirements that an officer may be unaware of or to which the officer is unable to testify. Other factors include the condition of the roadway, weather, line of sight, vertical and horizontal curves in the roadway and others.
4. No determination of the maximum speed on the highway or no posted speed signs within 500 feet from each end of the highway or interstate
Why You Need Ticket Snipers
Because there are so many variables involved in defending this type of ticket, you need a traffic ticket expert who is experienced and has had considerable success in challenging citations under this and other speeding sections of the vehicle code.
For example, many officers are not prepared to address the operational requirements of a speed detector. If certain factors were present at the time your ticket was issued it could have influenced the device and produced a false, inaccurate or high reading.
If you are facing suspension of your license for too many points on your record, then retaining a traffic ticket expert from Ticket Snipers is critical. Even if it may involve having to research how radar, laser, VASCAR or pacing is used. After all, our team only has to demonstrate reasonable doubt that your speed did not exceeded the prima facie or posted speed limit.
Also, with Ticket Snipers, you can be assured of the following:
- No need to appear in court
- No having to research technical manuals
- Having a veteran traffic ticket expert on your side
- Having a skilled expert in speed detection devices
- A traffic ticket professional who can spot errors and inconsistencies in tickets, reports and testimony
- A fee that is often less than the cost of your ticket
Hire a expert from Ticket Snipers for the best opportunity to get a favorable resolution of your traffic case. Give us a call today our team members are available and ready to help!