Even after the academic year ends, those flashing lights around schools
in Lamont and Shafter may still be going off periodically. How fast can
you go in these situations?
VC 22352(b)(2), most school zones have a presumed 25mph speed limit. In some states,
school zones are in effect at any time school is in session. But in California,
the law is worded differently. The lower speed limit applies only “while
children are going to or leaving the school either during school hours
or during the noon recess period.” So, even if the sign says slow
down and the campus is in use at the time, for summer school or day care
or some other purpose, children must actually be present when the officer
writes the citation.
These areas are typically only enforced in the mornings and afternoons,
so the language may not be an issue, but the non-presence of children
is a defense, and the state does have the burden of proof on this issue.
Special Speeding Areas
Another section of VC 22352 deals with senior citizens. Section (b)(3)
sets a presumed 25mph speed limit around places that are “primarily used by
senior citizens.” The law is aimed at senior activity centers, but could also mean
libraries, churches, certain restaurants, and any other place where older
folks are present in significant numbers. The city just has to put up
a sign, and the police can write tickets at will.
Officers also aggressively enforce speeding in
construction zones. Traffic fines double in work zones, so these tickets get very expensive.
Like school zone citations, the prosecutor has the burden of proof to
Workers Present: Given the odd shifts that many of these employees work, the time of day
may not be sufficient to establish, beyond a reasonable doubt, that workers
Signage: The signs must be within 400 feet of each end of the zone, state the
reduced speed limit as a number (and not say something like “reduce
your speed”), and state the reason for the change.
If the state is unable to meet its burden of proof on each element of the
infraction, the judge will normally throw out the case.
Getting Legal Help
The aggressive attorneys at Bigger & Harman, APC, are committed to
giving individuals a voice when dealing with speeding and traffic tickets.
Call today at 661-349-9300 or email
email@example.com to receive the personal professional attention you deserve. En español,
llame al 661-349-9755.