California’s Speed Limit
This week, our Protect Yourself question comes from Jane in San Diego, California. Jane was given a speeding ticket and wants to know her legal rights in the matter. Jane writes,
I was given a ticket last week for speeding. I was going 73 mph and the flow of traffic seem to be with me or even a little faster. I explained this to the officer but he said you were speeding and you’ve violated the law therefore I am ticketing you. What are my rights? – Jane”
We’ve all been there. You’re on the freeway going with the flow of traffic. Perhaps some of the cars are even passing you. The police don’t seem to notice that some these cars are going up to 80 mph. You might think, “it must be okay to go this fast since I need to go with the flow of traffic.” You would be wrong.
Two California Traffic Laws You Should Know
There are two basic traffic laws you should know when it comes to speeding on California roads. I’ve simplified them for you below:
1. Basic Speeding Law
This law says that no person can drive wherever it is not reasonable and prudent to do so based on factors like weather, traffic, etc.
2. Maximum Speed Law
This law says that the maximum speed anywhere in California is 70 mph when posted. That’s the fastest you will ever be allowed to move in a car in California. If there is no speed limit sigh then the maximum speed is 65 mph.
What Does This Mean For Jane?
Jane, since you were speeding, it is a violation of the the maximum speed law. The officer is completely in the right.
You have the right to pay the ticket. Sorry, Jane! Of course, if you weren’t speeding you can contest the ticket – but since you were speeding you need to pay the fine or go to traffic school, if applicable.
“Flow of traffic” did not matter in your case and the officer used his right to cite you for speeding.
Thanks for writing in, Jane! Remember to slowdown!
If you have a question for Jeff Isaac that you would like to have answered on-air, please e-mail him at LawyerinBlueJeans@gmail.com. You can also follow the Jeff and the Lawyer in Blue Jeans Group on Facebook, Twitter, and Google+.