Part 1 – In California, Speed Limits Are “Absolute” On Freeways, but “Presumed” Almost Everywhere Else

By: Wallin & Klarich

There are two basic types of speed limits in California:

  1. Absolute
  2. Presumed

Each type of speed-limit violation often requires a unique defense. It is key to hire an experienced attorney who understands each of the different types traffic violations.

“Absolute” speed laws apply in a situation where you are driving on a highway where the maximum speed limit is 65 miles per hour. It is a violation of the law to travel at greater than 65 miles per hour, even if it is 3am and it appears perfectly safe to do so.

On the other hand “presumed” violations of the speed laws pertain to a possible violation of California Vehicle Code 22350. If the posted speed limit on a city street is 40 miles per hour, that is a “presumption” that it is not safe to go faster than 40 miles per hour. However, you can raise a defense that you were going 45 miles per hour at 3am and there was no traffic on the street. In that instance you could win your case with that defense.

“Presumed” speed limit violations allow for flexibility in building a defense to beat the traffic ticket. Here, if the judge is convinced you were driving safely given the relevant conditions, you should be acquitted. Defendant is required to present facts to rebut the presumption that by going over the speed limit you were driving at an unsafe speed.

Before preparing to defend a speeding ticket, contact the experienced Southern California traffic defense attorneys at Wallin & Klarich today at 1-888-280-6839 or for a consultation of your case. We can help you.

Posted In: Criminal Defense