Many drivers assume that if there is no speed limit sign on a road, there is no enforceable speed limit. That assumption is incorrect under California law.
The Prima Facie Speed Law
California Vehicle Code section 22350, known as the basic speed law, states that no person shall drive a vehicle upon a highway at a speed greater than what is reasonable or prudent given the weather, visibility, traffic, and road conditions. This applies regardless of whether a speed limit is posted.
If no speed limit sign is present, California Vehicle Code section 22352 establishes the default. On most roads, the prima facie (or assumed) speed limit is 25 mph. Near railway crossings or uncontrolled intersections, the default drops to 15 mph.
Can You Still Get a Ticket?
Yes. According to CHP Lt. Matt Gutierrez, as reported by the Sacramento Bee, drivers can be cited for exceeding the prima facie speed limit even if no sign is posted. In fact, you can technically be cited for going even one mile per hour over the limit if conditions warrant it, though the officer would need to explain why the citation was issued.
Got a prima facie speed ticket? Your response starts here.
Check my ticketWhat the Fine Looks Like
Fines for a speeding ticket in California start at a base of $35 and can exceed $500 depending on the speed. After penalty assessments and court fees are added, even a minor speeding ticket can cost several hundred dollars. A speeding conviction also adds one negligent operator point to your California driving record.
Your Options
If you are cited for speeding, California law gives you three primary options: pay the fine, attend traffic school (if eligible), or contest the ticket in court. Traffic school can prevent the point from appearing on your record. Contesting the ticket, including through Trial by Written Declaration, allows you to present your side of the story.
Ignoring a speeding ticket — by neither paying nor appearing — can lead to a failure to appear charge under Vehicle Code section 40508, which can be prosecuted as a misdemeanor.
The Takeaway
The absence of a speed limit sign does not mean you can drive at any speed. California's prima facie speed law sets a default limit, and driving above it — or above what is safe for conditions — can result in a citation.
TicketClear is a document preparation service, not a law firm. This article is for educational purposes only and does not constitute legal advice. If you need legal advice, please consult a licensed attorney.