Exceeding Speed Limit in School Zone

What is a Exceeding Speed Limit in School Zone ticket?

CVC 22352 sets prima facie speed limits that apply unless changed as authorized in the Vehicle Code and, if changed, only when signs have been erected giving notice. Under 22352(b), the limit is 25 miles per hour (1) on any highway in any business or residence district unless a different speed is determined by a local authority or the Department of Transportation under procedures in the Vehicle Code; (2) when approaching or passing a school building or its grounds, contiguous to a highway and posted with a standard "SCHOOL" warning sign, while children are going to or leaving the school during school hours or the noon recess period, and also when approaching or passing school grounds not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign (these signs may be placed up to 500 feet from school grounds); and (3) when passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard "SENIOR" warning sign.

What the Law Says

(b) Twenty-five miles per hour: (1) On any highway in any business or residence district unless a different speed is determined by local authority or the Department of Transportation under procedures set forth in this code. (2) When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard “SCHOOL” warning sign. For purposes of this subparagraph, standard “SCHOOL” warning signs may be placed at any distance up to 500 feet away from school grounds. (3) When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard “SENIOR” warning sign. A local authority may erect a sign pursuant to this paragraph when the local agency makes a determination that the proposed signing should be implemented. A local authority may request grant funding from the Active Transportation Program pursuant to Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code, or any other grant funding available to it, and use that grant funding to pay for the erection of those signs, or may utilize any other funds available to it to pay for the erection of those signs, including, but not limited to, donations from private sources.

What the Officer Must Prove

1. 1You were driving faster than 25 miles per hour in a place CVC 22352(b) covers, such as when approaching or passing a school building or grounds posted with a standard "SCHOOL" warning sign while children were going to or leaving the school during school hours or the noon recess period

Arguments Commonly Raised for Exceeding Speed Limit in School Zone

General information: arguments drivers commonly raise for this code section. Whether any applies depends on your own facts.

Frequently Asked Questions About Exceeding Speed Limit in School Zone

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