California Vehicle Code 22352—Prima Facie Speed Limit
There are certain speed limits for California drivers to obey under certain circumstances or conditions if there is no posted speed limit. If you were traveling at a speed greater than the prima facie speed limit, which may be 15 miles per hour or 25 miles per hour depending on the location, then an officer may cite you under this code section for speeding.
If you were ticketed for violating CVC 22352, call Ticket Snipers immediately. We can fight your ticket for a reasonable fee so you don’t have to deal with fines, points on your record, traffic school or increased insurance rates.
The pertinent parts of CVC Section 22352 can be summarized as:
15 Miles per Hour
- You may not travel more than 15 miles per hour in the last 100 feet when approaching a railway crossing when the view is not clear for at least 400 feet in the distance in both directions. This only applies if there is no flagman or a clearly visible mechanical or electrical crossing signal.
You may not be unable to clearly see a crossing because of the weather, lighting conditions, vegetation or parked vehicles that obstruct your view. This rule does not apply if the crossing has a clearly visible signal.
- In the last 100 feet of an intersection, you must travel 15 miles per hour if you have no clear view of the intersection and all of the highways crossing, unless the intersection is controlled by an official traffic signal or is equipped with a stop sign or yield right-of-way signs.
These are blind intersections where no stop sign is present at a corner and you are unable to see 100 feet in either direction. Your view may be blocked by vegetation or other vehicles. You are required to slow down when approaching the intersection or you can be cited.
- You may only travel 15 miles per hour in an alleyway unless otherwise posted.
25 Miles per Hour
1. You may not travel more than 25 miles per hour on any highway other than a state highway, business district or residence district unless a local authority clearly posts the speed.
2. Your speed may not exceed 25 miles per hour when approaching or passing a school building or grounds during school hours, including noon recess, and after school during the hours when students are leaving.
Schools should have clearly visible and posted “SCHOOL” warning signs so that there is no argument about why your speed was greater than 25 miles per hour. It also applies when passing by school grounds that are not separated from a highway by a fence or other physical barrier. Schools zones should have posted signs notifying drivers of the approaching educational facility.
3. Your speed limit may not exceed 25 miles per hour when passing a senior facility or senior center if located on a street other than a state highway. These facilities will usually have a posted “SENIOR” warning sign.
Defenses to CVC 22352
Are there defenses to CVC 22352? There are always defenses to any traffic code violation, but it usually takes a traffic ticket expert from Ticket Snipers to receive a dismissal.
- You were traveling at the prima facie speed. Unless the officer had a radar gun on you, was pacing you, using Vascar or laser, which present a whole different defense, then he or she was estimating your speed. If you were slowing when approaching a blind uncontrolled intersection or uncontrolled railway crossing, the officer would only be guessing at what your true speed may have been in the last 100 feet.
- You had a clear view of the intersection, highway crossing or railroad tracks for at least 400 feet when you were approaching.
- The school or senior facility or center was separated from the highway by a fence or other barrier.
- There were no children present and school was not in session when you were cited.
- There are errors on the ticket
- Challenges to the method by which the officer detected your speed
Handling Your Own Defense is Not a Good Strategy
If you try to handle your own defense in this matter, you will have to cross-examine the police officer who is trained in how to testify and to respond to cross-examination to some degree. An officer may also testify to matters that are hearsay or outside the officer’s area of expertise that you may miss or allow. Unless you object in a timely manner and can argue why your objection should be sustained the testimony could be allowed.
Presenting your own version of what occurred can be a challenge as well. Depending on your defense, you will need a traffic ticket expert to clearly demonstrate why the code section did not apply to your situation.
If your defense may depend on how your speed was detected, having an expert who is familiar with the device and how certain factors can produce false, high or otherwise inaccurate readings is essential.
Why Ticket Snipers?
A Ticket Snipers traffic ticket expert has the skills and knowledge of the traffic code and rules of evidence. In many cases, an officer’s testimony will conflict with the time of day the incident occurred, the location, weather or other conditions that existed.
Further, with an expert from Ticket Snipers, you get the following benefits:
- No need to make any court appearances
- No missing time from work
- Having a legal advocate who is intimately familiar with the traffic codes
- Legal fees that are often less than half of what your ticket would cost
Let an expert from Ticket Snipers handle your defense so that you have the best opportunity for a favorable resolution.