We've all heard that the reason the speed limit exists is to keep citizens
driving safely, right? But how many of us believe we have been given tickets
when we were going a reasonable speed under the circumstances? Well, perhaps
you can do something to change that.
There is a
petition circulating online to change the California Vehicle Codes (CVC) 22350 and 22351, the so called
"Basic Speed Rule," to apply to freeway speed limits. At the
moment the codes apply to speed limits of 65 mph or less and 55 mph on
two-lane highways. The CVC currently permits drivers to drive above posted
speed limits on those particular type of roads under the conditions that
it is not "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."
The "reasonable or prudent" language can be used to fight a speeding
ticket if you can prove your speed was safe, even if you were going over
the posted limit. But unfortunately, this language only applies to surface
streets at the moment, not California freeways.
Basic Speed Law states that speeds that are reasonable and safe are permitted. If the purpose
of speed enforcement is public safety, then there should be no objection
to the rule and its application to all publicly maintained roads.
An important criteria of the Basic Speed Law that can be effectively used
to fight speeding tickets is if you can show that you were driving at
a reasonable speed under the circumstances (traffic, visibility, etc.)
then you can win in court even if the officer can prove the speed you
were going exceeded the speed limit. I am experienced in dealing with
"reasonable and prudent" driver defenses and I can help you
win your case.