CVC 22400(b)Eligible for written declaration

Driving Below a Posted Minimum Speed

Driving slower than a minimum speed that Caltrans declared and posted on part of a state highway, unless slower is needed for safe operation or to comply with the law.

Reviewed by the TicketClear teamLast reviewed October 10, 2026

Fine: $234DMV Points: 1🏫 Traffic school may be available

Insurance: insurers must weigh your driving safety record first (Insurance Code 1861.02(a)), and more than one violation point counted under Vehicle Code 12810(a) to (d), (f), (i)(1) or (j) 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 — 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 Driving Below a Posted Minimum Speed ticket?

CVC 22400(b) says that whenever the Department of Transportation determines, on the basis of an engineering and traffic survey, that slow speeds on any part of a state highway consistently impede the normal and reasonable movement of traffic, it may determine and declare a minimum speed limit below which no person shall drive a vehicle, except when necessary for safe operation or in compliance with law, when appropriate signs giving notice are erected along that part of the highway. Subdivision (b) applies only to vehicles subject to registration.

Ask your insurer how a conviction affects your policy.

What the Law Says

(b) Whenever the Department of Transportation determines on the basis of an engineering and traffic survey that slow speeds on any part of a state highway consistently impede the normal and reasonable movement of traffic, the department may determine and declare a minimum speed limit below which no person shall drive a vehicle, except when necessary for safe operation or in compliance with law, when appropriate signs giving notice thereof are erected along the part of the highway for which a minimum speed limit is established. Subdivision (b) of this section shall apply only to vehicles subject to registration.

What the Officer Must Prove

1A minimum speed limit was declared for that part of a state highway under CVC 22400(b), with signs giving notice erected along it
2You drove a vehicle subject to registration below that minimum speed
3Driving slower was not necessary for safe operation or to comply with law

Arguments Commonly Raised for Driving Below a Posted Minimum Speed

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

Necessary for safe operation or required by law

CVC 22400(b) does not apply when driving below the minimum is necessary for safe operation or in compliance with law. Describe the conditions that made you slow down.

Signs giving notice

The minimum applies when appropriate signs giving notice of it are erected along that part of the highway. Describe the signs on your route.

⚠️ Common Mistakes

✗Leaving out the road or traffic conditions that made you slow down
✗Not photographing the minimum speed signs, if any

What this code section covers (general information)

CVC 22400(b) — Driving Below a Posted Minimum Speed. Driving slower than a minimum speed that Caltrans declared and posted on part of a state highway, unless slower is needed for safe operation or to comply with the law.

Eligible for Trial by Written Declaration: generally yes.

This is general information about CVC 22400(b). 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.

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Traffic School Option

A conviction adds 1 DMV point. The court may let you complete traffic school. If it is the only ticket you have done traffic school for in 18 months, the record is kept confidential and no point is counted (Vehicle Code 1808.7(a)). Traffic school is not available for a violation in a commercial motor vehicle (Vehicle Code 42005(c)(1)). If you hold a commercial driver license, the record is not kept confidential (Vehicle Code 1808.7(b)). Check your notice or your court's website for your options.

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