Maison Law represents victims of speeding accidents in California. With the amount of highways and open roads streaking across the inland deserts of California, speeding is a far too common occurrence, resulting in numerous accidents. California Vehicle Code 22350 covers the specifics of what constitutes speeding in the Golden State.
Is Speeding Considered a Crime in California?
Speeding in California is considered a citable infraction in California, not a crime. California Vehicle Code 22350 states:
“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, and in no event at a speed which endangers the safety of persons or property.”
Even though speeders will be issued a citation for speeding, there are exceptions in which this citable offense becomes a crime. Speeding crimes include:
- Reckless driving
- Street racing
These offenses are often considered misdemeanor crimes if no one gets hurt. However, they can be upgraded to felonies in certain situations. For citations, you are typically required to appear in court. If you fail to appear in court, your citation will be upgraded to a misdemeanor.
Is Speeding a Felony Offense in California?
Speeding and reckless driving can be upgraded to a felony crime if the careless driving causes someone to get hurt, or the motorist is driving while intoxicated. According to California Vehicle Code 23103, operating a vehicle with a disregard for the safety of other people is considered reckless driving. Reckless driving will result in a misdemeanor, resulting in the potential punishment of:
- 2 points on the guilty party’s driver’s license
- A fine of up to $1k
- Up to 90 days in jail
Speeding accompanied by driving under the influence can also increase your penalties, resulting in mandatory jail time.
What is California’s Basic Speeding Law?
California’s basic speeding law refers to California Vehicle Code 22350. This statute requires California motorists to drive at a reasonable and safe speed. The circumstances of each accident will decide what is a reasonable and safe speed based on the weather, the conditions of the road, and the flow of traffic. The California courts have identified certain conditions that help drivers determine if their speed is considered safe or not. These include:
- If the road you were driving on was in a crowded city district, a residential area, or a rural area.
- If pedestrians or bicyclists were near you on the road.
- If there were any animals nearby.
- If you were driving over or near a railroad crossing.
- If the view of the road was obstructed.
- If the current road conditions were compromised by rain or other weather conditions.
- If you were driving on elevated roads such as bridges or steep hills.
An example of these conditions would be if someone is driving up HWY 18 to Big Bear Lake in early December for the day. The posted speed limit is 45 MPH and you drive safely up the mountain road at 45 MPH. Then, in January, you attempt the same drive, but the roadway is covered with ice patches and lined with snow. Driving at the posted speed limit of 45 MPH would be considered unsafe and unreasonable according to California Vehicle Code 22350.
What Penalties Can I Receive for a 22350 CVC Citation?
Drivers who receive a ticket for violating CVC 22350 can face the following penalties:
- Possible negligence charge if the speeding results in an accident
- Points on your driving record
- Speeding tickets and driving license suspension
In California, you are allowed to dispute your citation in court. If you are found guilty of breaking the speeding law, you will have to pay the ticket, or potentially have your license suspended, depending on the severity of the infraction. The amount you will have to pay for the ticket will depend on how fast you were driving compared to the speed limit. For speeding citations given to motorists who were not driving in excess of 100 MPH, the common fines are as follows:
- $35 if faster than the limit or safe speed by 1 to 15 miles per hour
- $70 if faster than the limit or safe speed by 16 to 25 miles per hour
- $100 if faster than the limit or safe speed by 26 miles per hour or more
Drivers exceeding 100 MPH will face much larger fines and consequences. First offenders start at a $500 fine with up to 30 days of license suspension.
Contact a Speeding Accident Lawyer in California
If you or a loved one have been injured due to the carelessness of a speeding driver, the experienced accident attorneys at Maison Law can help. Our firm helps accident victims get fully compensated for the damage done to their lives. We offer all victims and their family members a free, no-risk consultation. No upfront money is required and we only get paid if we win your case. Contact Maison Law today for a free consultation and case evaluation.
