A speeding ticket is the most often issued type of traffic citation in Los Angeles and Orange County, yet there is perhaps more confusion regarding this kind of violation than for any other traffic offense. Understanding the law will help you avoid getting a ticket and will also aid in determining if you have a viable defense in the event you have been cited for speeding.

Basic Speed Law

As codified in VC 22350, California’s basic speed law essentially establishes a common sense standard:

“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.”

Maximum Speed LawUnder VC 22349, it is unlawful to drive at a speed greater than the posted limit for that roadway. For example, the maximum speed may be:

• 70 mph if specifically posted
• 65 mph on a freeway not posted at 70 mph
• 55 mph on an undivided two-lane highway unless posted at a higher limit

Speed Limits for Specific Areas or ZonesThe speed limit when driving within a school zone, if children are present, is 25 mph unless otherwise posted. The “if present” condition can cause confusion.  Children may be near a school even on a weekend day, and, as a driver, it may be difficult from a distance to discern who may be present.   Other specific limits include 25 mph in a residential or business area, 15 mph in an alley and 15 mph near a railroad crossing.

Ticket Costs are HighThe base fine for a speeding ticket is fairly modest; $35 for a speed of 1 -15 miles over the limit, for example. However, this amount significantly increases when the following state mandated penalty assessments are added:

• State penalty assessment: $10 for each $10 of base fine
• County penalty assessment: $7 for each $10 of base fine
• DNA identification fund penalty: $ 4 for each $10 of base fine
• State court construction penalty: $5 for each $10 of base fine
• Emergency medical services: $2 for each $10 base fine
• State surcharge: 20% of each base fine
• Court operations assessment: $40
• Criminal conviction assessment: $35

These fees and others make the $35 base fine closer to $250, and this is for the least serious speeding citation. Different defense options may be available depending on which section of the Vehicle Code you were cited for, and an experienced Orange County traffic ticket attorney can help you explore your options.