Basic Speed Law
Driving at a speed unsafe for current conditions, regardless of posted limit.
Stays on record 3 years
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 Basic Speed Law ticket?
CVC 22350 is California's 'basic speed law' that prohibits driving faster than is safe for current conditions, regardless of the posted speed limit. Unlike absolute speed limits, this violation requires proving your speed was actually unsafe given factors like weather, traffic, road conditions, and visibility at the time.
A CVC 22350 conviction costs roughly $238–$490 in fines, adds 1 point to your DMV record, and typically raises insurance rates by 20-30% for 3-5 years. That single point can cost you $1,000+ in increased premiums over time.
A CVC 22350 conviction typically increases insurance premiums by 20-30% for 3-5 years. For the average California driver, this means $1,200–$2,500 in extra costs over that period. Traffic school or a successful dismissal can prevent this increase entirely.
What the Law Says
No person shall drive a vehicle upon a highway 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.
What the Officer Must Prove
- 1Your vehicle was the one traveling at the cited speed
- 2The speed was unsafe for the specific conditions present at that time
- 3Conditions such as weather, visibility, traffic, and road surface made your speed unreasonable
- 4The method used to determine speed (radar, laser, pacing) was accurate and properly conducted
- 5The officer had adequate opportunity to observe both your speed and the conditions
How Drivers Get This Ticket
Driver cited for going 40 mph in a 45 mph zone during heavy fog
Valid ticket — even below the limit, 40 mph may be unsafe when visibility is severely reduced
Driver ticketed for 70 mph on a clear, dry freeway with light traffic in a 65 zone
Defensible — conditions were ideal and 70 mph may be reasonable with the flow of traffic
Driver cited for 35 mph in a 35 mph zone on wet roads with standing water
Valid ticket — the posted limit is a maximum for ideal conditions, not a guarantee of safe speed
Driver ticketed using radar that hadn't been calibrated in over a year
Dismissed — without proper calibration records, the speed measurement was unreliable
Common Defenses for Basic Speed Law
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
Conditions Were Actually Safe
If weather was clear, traffic was light, and roads were dry, your speed may have been perfectly reasonable. Document the actual conditions at the time and location of the citation.
Radar/Laser Device Not Properly Calibrated
Speed-measuring devices require regular calibration to be accurate. Request maintenance and calibration records — if the officer can't produce them, the speed reading is unreliable evidence.
Pacing Was Inaccurate
If the officer used pacing, they must maintain a consistent distance for a sufficient time. Variations in distance, traffic interference, or a short observation period undermine pacing accuracy.
Speed Matched Traffic Flow
California recognizes that driving with the flow of traffic can be safer than driving significantly slower. If surrounding vehicles were traveling at similar speeds, your speed was arguably reasonable.
Officer's Vantage Point Was Poor
The officer must have had a clear view to accurately assess conditions and your speed. Obstructions, distance, or poor angles can undermine their observations.
How to Address This in Your Declaration
- ✓Weather records showing clear, dry conditions at the date and time of citation
- ✓Photos or dashcam footage showing road conditions and light traffic
- ✓Calibration and maintenance records for radar/laser (request these in discovery)
- ✓Statements from passengers confirming conditions and traffic flow
- ✓Traffic engineering surveys showing the 85th percentile speed for that road segment
- ✓Records showing the officer's training certification for the speed device used
⚠️ What NOT to Do
- ✗Admitting you were speeding — the issue is whether your speed was unsafe, not whether it exceeded a number
- ✗Ignoring the citation deadline — failing to respond results in additional fees and a license hold
- ✗Not requesting discovery — calibration records and officer training documents can be crucial
- ✗Focusing only on the speed number instead of arguing the conditions made your speed safe
- ✗Assuming you can't win because radar was used — equipment errors and procedural mistakes happen regularly
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Frequently Asked Questions About Basic Speed Law
What's the difference between CVC 22350 and other speeding tickets?▼
CVC 22350 is the 'basic speed law' which requires proving your speed was unsafe for conditions. Other speeding laws like CVC 22349 (maximum speed law) only require proving you exceeded a specific limit regardless of conditions. This makes 22350 violations more defensible.
Can I get a CVC 22350 ticket even if I was under the speed limit?▼
Yes. The basic speed law applies regardless of posted limits. If conditions like fog, rain, or heavy traffic made even a below-limit speed unsafe, you can be cited. The posted limit is the maximum for ideal conditions, not a guaranteed safe speed.
How do I get the radar calibration records?▼
Submit a discovery request to the court or prosecuting agency asking for calibration logs, maintenance records, and the officer's training certification for the device. You're entitled to this evidence, and gaps in documentation can support your defense.
Does the officer have to show me the radar reading?▼
No, California law doesn't require officers to show you the radar display. However, if you politely asked and were refused, note this — it's not a defense by itself, but it can support broader challenges to the evidence.
What if I was just keeping up with traffic?▼
Matching traffic flow is a legitimate defense under CVC 22350 because driving significantly slower than surrounding traffic can actually be more dangerous. Document approximately how many cars were around you and their general speed.
Traffic School Option
Most CVC 22350 violations qualify for traffic school if you haven't attended in the past 18 months and don't hold a commercial license. Completing traffic school masks the point from your insurance company, potentially saving you hundreds in premium 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.