VC 22350 SPEEDING CHARGE & HOW TO DEFEND!
January 16, 2010 at 19:09 In order to answer this question we must first understand the elements of speeding in violation of Vehicle Code section 22350. In order to violate this section the Prosecution must prove that:
- You were driving a car
- At a speed that was unsafe for the conditions (at the time of the violation) or,
- At a speed that endangered people or property (at the time of the violation)
One important fact is that you must understand is that VC 22350 has nothing to do with any speed limit. You can be in violation of VC 22350 by traveling at 25 M.P.H. in a 35 M.P.H. zone. Likewise, you can be traveling 55 M.P.H. in a 45 M.P.H. zone and not be in violation of VC 22350.
During most prosecutions of VC 22350 they (the Prosecutor/Cop) will forget to testify about why the speed was unsafe or attempt to present evidence that is not relevant to the violation because they were events that were observed after the violation.
If you have received a traffic ticket for violation of 22350 and are looking for the best Traffic Attorney in California click here or call me at (415) 378-4133
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