CVC 22350

What CVC 22350 Covers (General Information)

California's basic speed law prohibits driving at a speed that is unsafe for conditions — not simply any speed above a posted limit. This page explains what the law covers, the rules for radar and laser enforcement, and the grounds drivers commonly raise when contesting a speeding ticket.

Educational information only. TicketClear is a document preparation service, not a law firm. This page explains grounds drivers commonly raise — not legal advice for your specific situation.

What the court looks at

You drove on a highway, which the Vehicle Code defines to include any publicly maintained street open to vehicle travel (§360)
Your speed was greater than reasonable or prudent given the weather, visibility, traffic, and the surface and width of the road, or endangered people or property (§22350)
Over a posted prima facie limit: the speed is presumed unlawful unless you show by competent evidence that it was safe for the conditions then existing (§22351(b))
At or below the limit: the speed is lawful unless clearly proved to violate the basic speed law (§22351(a))
Radar or laser used: the prosecution must show, as part of its case, that the evidence is not based on a speed trap (§40803(b))

A written declaration addresses these points with specific facts: the conditions, the road, and how your speed was measured. The judge decides the case.

Grounds drivers commonly raise (general information)

No current engineering and traffic survey (speed trap rules)

Under California Vehicle Code §40802, a section of road with a posted prima facie speed limit is a "speed trap" when radar, laser, or another electronic device is used to enforce the limit and the limit is not justified by an engineering and traffic survey done within five years before the citation. A longer window (seven years, or 14 years if a registered engineer finds no significant changes) applies only when the prosecution proves the officer's training and the device's calibration, described below. These rules do not apply to local streets and roads, school zones, senior zones, business activity districts, or certain other limits listed in the statute. Speed evidence obtained from a speed trap is not admissible (§40803(a)).

Radar or laser training and calibration

Section 40802(c) lists what the prosecution must prove to use the longer survey window: the officer completed a radar operator course of at least 24 hours certified by the Commission on Peace Officer Standards and Training (plus at least two more hours for laser), and the device meets National Highway Traffic Safety Administration minimum standards and was calibrated within the three years before the citation by an independent certified facility. In that case the prosecution must also prove your speed was unsafe for the conditions, unless the charge is §22349, §22356, or §22406. A written declaration can point out whether the officer's statement shows these facts. The court decides whether the evidence meets these requirements.

Speed was safe for conditions

CVC 22350 prohibits driving faster than is reasonable or prudent given the weather, visibility, traffic, and the surface and width of the road, or at a speed that endangers people or property. A speed over a posted prima facie limit is presumed unlawful, but the driver may show by competent evidence that the speed was safe at that time and place and under the conditions then existing (§22351(b)). Declarations commonly describe those conditions in concrete detail.

Officer's visual estimate

When an officer cites based on a visual estimate rather than a device reading, a declaration can describe the facts that bear on how well the officer could judge your speed: traffic density, your lane position, and the officer's distance and angle of observation.

Emergency

If you were speeding because of an emergency, a declaration can state the specific facts: what the emergency was, why driving faster seemed necessary, and why no other reasonable option was available. The court decides whether those facts excuse the speed.

Statements that don't address the charge

• "Everyone was going the same speed" — §22350 asks whether your speed was reasonable for the conditions, including traffic; other drivers' speed does not answer that by itself
• "The officer was targeting me" — this does not address the speed, the conditions, or how the speed was measured
• General claims without specific facts — a declaration describes the actual conditions and events

Got a speeding ticket?

TicketClear prepares a written declaration from the facts you provide and the grounds you select.

Start my declaration