Dismiss Prima Facie Speed Limit (CVC 22352)

California Vehicle Code 22352—Prima Facie Speed Limit

Discretionary speed limits are imposed on California drivers under certain circumstances

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.

Pertinent parts of CVC Section 22352 can be summarized:

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, 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

• 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.
• 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.

• 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 to obtain a dismissal.

Examples:

• 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

Consequences for Violating CVC 22352

Similar to other speeding violations, violation of the Prima Facie speed limit has a tiered penalty schedule.

• 1-15mph over the limit – $237 and up
• 16-25mph over the limit – $367 and up
• 26mph+ over the limit – $489 and up

Regardless of the speed, a violation under this vehicle code will add a point to your driving record.

If you receive a speeding citation, reach out to our knowledgable team to get a better understanding of your options. You can also submit your citation for a free ticket review.