Exceeding a Reduced State Highway Speed Limit
Exceeding a prima facie speed limit of 15 to 60 mph that Caltrans declared, after an engineering and traffic survey, on part of a state highway where the 65 mph limit would otherwise apply, once signs giving notice are posted.
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Insurance: insurers must weigh your driving safety record first (Insurance Code 1861.02(a)), and more than one point in the previous three years ends Good Driver Discount eligibility (Insurance Code 1861.025(b)(1)).
This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service β 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 Exceeding a Reduced State Highway Speed Limit ticket?
CVC 22354(a) says that whenever the Department of Transportation determines, on the basis of an engineering and traffic survey, that the 65 miles per hour limit is more than is reasonable or safe on a portion of a state highway where that limit applies, it may determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, 25, 20, or 15 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The declared limit is effective when appropriate signs giving notice of it are erected upon the highway. CVC 22354 does not mention radar or speed traps.
Ask your insurer how a conviction affects your policy.
What the Law Says
(a) Whenever the Department of Transportation determines upon the basis of an engineering and traffic survey that the limit of 65 miles per hour is more than is reasonable or safe upon any portion of a state highway where the limit of 65 miles is applicable, the department may determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, 25, 20, or 15 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared prima facie speed limit shall be effective when appropriate signs giving notice thereof are erected upon the highway. (b) This section shall become operative on the date specified in subdivision (c) of Section 22366.
What the Officer Must Prove
- 1You were driving on a portion of a state highway where the Department of Transportation declared a lower prima facie speed limit under CVC 22354(a)
- 2Signs giving notice of the declared limit had been erected
- 3You drove faster than the declared limit
Arguments Commonly Raised for Exceeding a Reduced State Highway Speed Limit
General information: arguments drivers commonly raise for this code section. Whether any applies depends on your own facts.
Signs giving notice
CVC 22354(a) says the declared limit is effective when appropriate signs giving notice of it are erected upon the highway. Describe the signs on your route and include photos.
Your speed
Describe how fast you were going and how the speed was measured, if you know.
β οΈ Common Mistakes
- βNot photographing the speed limit signs on your route
- βNot noting which section your citation names
What this code section covers (general information)
CVC 22354 β Exceeding a Reduced State Highway Speed Limit. Exceeding a prima facie speed limit of 15 to 60 mph that Caltrans declared, after an engineering and traffic survey, on part of a state highway where the 65 mph limit would otherwise apply, once signs giving notice are posted.
This is a prima facie section: the posted or listed limit is a starting point, and the question is generally whether the conduct was reasonable for the conditions at the time.
Eligible for Trial by Written Declaration: generally yes.
This is general information about CVC 22354. It is not advice about your citation, and TicketClear does not evaluate anyone's facts. Whether any of it applies depends on your own facts. For advice about your situation, consult a licensed California attorney.
Frequently Asked Questions About Exceeding a Reduced State Highway Speed Limit
Is CVC 22354 the speed trap law?βΌ
No. CVC 22354 is about the Department of Transportation declaring a lower prima facie speed limit on a portion of a state highway where the 65 mph limit applies, based on an engineering and traffic survey. It does not mention radar or speed traps.
Traffic School Option
A conviction adds 1 DMV point. Traffic school may be available to keep the point off your public record, but not for a violation in a commercial motor vehicle (Vehicle Code 42005(c)(1)). Check your notice or your court's website for your options.
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Related Violations
This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service β 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.
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