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Isn’t Driving with the Flow of Traffic Okay?

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Driving with the flow of traffic can be legal when everyone is going the speed limit or slower if road and weather conditions warrant it. However, when the flow of traffic exceeds the safe or prudent speed, you could be ticketed for speeding.

You can get a ticket for going less than the posted speed limit. CA Vehicle Code (CVC) 22350, Speed Laws prohibits driving at a rate of speed that is unsafe or imprudent, given the weather, visibility, or road conditions.

Working a Speeding Ticket for Driving with the Flow of Traffic

That same section of traffic law can work in your favor when you dispute a speeding ticket you received for driving with the flow of traffic even when you exceed the posted speed limit if your speed was prudent. An experienced traffic attorney can argue that your speed was “reasonable or prudent” in clear conditions if you were charged with VC 22350(a).

A knowledgeable practicing traffic attorney will write a request for dismissal stating the precise wording the judge needs to see to grant a dismissal. In the absence of perfect conditions or when a judge does not allow a dismissal, a reduced non-point conviction could be another choice. This “plea” could require paying the fine but would not require traffic violators school (TVS) or increased insurance as there are no points assessed.

Traffic Violators School (TVS) & Insurance Premiums

TVS could be an option when eligible. If you have not used it within the past 18 months to hide or mask a conviction of a minor infraction, you have a valid CA driver’s license, you were driving a commercial motor vehicle (CMV), or have a mandatory court date.

TVS for speeding 25+ mph over can only be used when approved by a traffic court judge. Masking a conviction from your insurance company could save you as much as $1,500 if an attorney can gain a judge’s approval.

Typically, your court reminder will state if you are eligible for attendance. But never use TVS without discussing it with a traffic attorney. Two tickets spaced closely together could negate the advantage of participation. Likewise, attendance for a “fix-it” or correctable tickets such as no license in possession or broken light will provide no benefit beyond knowledge. It might even cancel out your ability to use it when you need it.

Driving with the Flow of Traffic

Driving with the flow of traffic is typically the safest option, but when it leads to a ticket, you need knowledgeable advice from a traffic ticket attorney before you decide to pay the fine and accept TVS or dispute it in court.

Traffic Attorney Who Can Handle Your Speeding Ticket in Mono or Inyo County

When you get a speeding ticket in Owens Valley, call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.

We can handle traffic tickets and DMV Hearings for Owens Valley drivers who face a loss of driving privileges. Call or email us, attorney@biggerharmanlaw.com.

References:

The 2019 CA Driver’s Handbook.pdf

CA Vehicle Code 22350

The DMV.CA.GOV portal