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Petitioning California To Allow Drivers To Go Faster Than The Speed Limit When "Reasonable and Safe"

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.

California's 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.