Unsafe Speed on Curved Mountain Road
Driving at a speed that is unsafe given road curvature conditions when descending a grade or rounding a sharp curve.
This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.
What is a Unsafe Speed on Curved Mountain Road ticket?
This violation is issued when you drive at a speed that's unsafe for a curved section of mountain road, even if you're under the posted speed limit. California law requires drivers to slow down on mountain curves where visibility is limited and road conditions make higher speeds dangerous.
A conviction means a fine between $238 and $490, plus 1 point on your DMV record. That point stays for 3 years and can increase your insurance rates by 15-25% annually, potentially costing you hundreds more than the ticket itself.
Without traffic school, expect insurance rate increases of 15-25% for 3 years. On a $1,500 annual premium, that's $225-375 extra per year, totaling $675-1,125 over the point's duration — far more than the ticket fine.
What the Law Says
What the Officer Must Prove
- 1You were driving on a curve or crest
- 2Your speed was unsafe for the curve geometry and conditions
- 3Another person or vehicle could have been endangered
How Drivers Get This Ticket
Driver takes a blind mountain curve at 35 mph where the advisory sign suggests 25 mph, nearly crossing into oncoming traffic.
Cited for unsafe speed despite being under the 45 mph posted limit.
Motorcyclist navigates a winding mountain road at normal speed during foggy conditions, losing control on a curve.
Cited for failure to reduce speed for conditions on mountain terrain.
Driver maintains steady speed through a series of mountain switchbacks, but road surface is loose gravel from recent construction.
Cited for not adjusting speed for road surface conditions on curved mountain road.
Common Defenses for Unsafe Speed on Curved Mountain Road
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
Speed was reasonable for the curve
CVC 21662(a) prohibits unsafe speed on a curve or crest. Challenge what speed you were actually traveling and whether it was genuinely unsafe for the specific curve geometry, road surface, and conditions.
No other vehicle or person was endangered
The statute requires that the speed create danger. If no other vehicle or pedestrian was present, the danger element may not be satisfied.
How to Address This in Your Declaration
- ✓Photos of the curve showing road conditions, visibility, and any signage
- ✓Documentation of weather and road conditions at the time
- ✓Evidence that advisory signs were missing, damaged, or obscured
- ✓Dashcam footage showing your driving and the road conditions
- ✓Witness statements about road conditions or your driving
- ✓Evidence the road doesn't meet the definition of a mountain highway
- ✓Vehicle maintenance records if claiming mechanical issues
⚠️ What NOT to Do
- ✗Arguing you were under the posted speed limit — this violation is about safe speed, not the speed limit
- ✗Claiming you're experienced with mountain driving — skill level doesn't change what's legally safe
- ✗Admitting you were going faster than advisory signs suggested
- ✗Blaming road design without evidence of actual defects or missing signage
- ✗Missing your court deadline while gathering evidence
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Frequently Asked Questions About Unsafe Speed on Curved Mountain Road
I was under the speed limit — how can I get a ticket?▼
Posted speed limits are maximums for ideal conditions. On mountain curves, the safe speed may be much lower due to limited visibility, sharp turns, and road conditions. CVC 21662(a) requires you to drive at a speed safe for the specific curve, regardless of the posted limit.
What's the difference between 21662(a) and a basic speeding ticket?▼
A standard speeding ticket (CVC 22350) is for exceeding posted limits or driving too fast for conditions anywhere. CVC 21662(a) specifically addresses mountain highway curves where terrain creates additional hazards requiring extra caution.
Do advisory speed signs create a legal speed limit?▼
Advisory signs (yellow, not white) are recommendations, not legal limits. However, they indicate the speed engineers determined is safe for that curve. Going significantly faster than advisory speeds supports an officer's claim your speed was unsafe.
Can I fight this ticket with a Trial by Written Declaration?▼
Yes, 21662(a) violations can be contested through Trial by Written Declaration. This allows you to present your defense in writing without appearing in court. Focus on the specific elements the officer must prove and any evidence supporting your speed was actually safe.
Will this affect my commercial driver's license?▼
Yes, this 1-point violation will appear on your CDL record. While it's not a serious CDL violation by itself, accumulating points can affect your commercial driving privileges and employment opportunities.
Traffic School Option
Most drivers cited for 21662(a) qualify for traffic school if they haven't attended in the past 18 months and have a valid license. Completing traffic school keeps the point off your public record and prevents insurance increases.
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This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.