California has three types of speeding laws: a "basic speeding law," "presumed speed limits," and "absolute speed limits." This article explains the differences between the three and the consequences of a speeding violation.
California's basic speeding law prohibits driving 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."
In other words, motorists must always drive at a safe speed. What a safe speed is will depend on the circumstances. For instance, on a certain road, 55 miles per hour might be safe on a bright, sunny day. But if it's dark and the road is wet, going 55 miles per hour could be dangerous and a violation of the basic speeding law.
There is no trick to how California's absolute (maximum) speed limits work: If the absolute speed limit is 70 miles per hour and you drive faster than that, you've violated the law. California's absolute speed limits prohibit motorists from driving faster than:
Most of the time, maximum speed limits are clearly posted.
California also uses presumed speed limits (sometimes called "prima facie" limits). Presumed speed limits work a little differently than absolute limits. If you exceed a presumed speed limit it doesn't necessarily mean you're guilty. You still have the opportunity to prove in court that your speed was safe. If you're able to do so, the judge is supposed to find you not guilty. And if a cop clocks you at a speed that's under the presumed limit, there's a presumption that you're not in violation of California's basic speeding law (see above).
Unless otherwise posted, California's presumed speed limits include:
But remember, the main issue here (as with the basic speed limit) is whether your speed was safe given the conditions at the time.
It doesn't happen often, but it's also possible to get a ticket for driving too slow in California. You can get a ticket for obstructing traffic if you drive at such a slow speed that you block or impede the normal flow of traffic. It's also a violation if you stop in the middle of the roadway and block or impede traffic.
Below, we list the "base fines" for speeding violations. But that's not all you'll pay for a speeding ticket. Lots of fees and "penalty assessments" are added to the base fine to get the total.
The amount of the base for a speeding ticket depends on the driver's speed in relation to the speed limit.
A motorist who exceeds the speed limit or safe speed, but isn't going faster than 100 miles per hour, is looking at a base fine of:
Typically, the officer will write the driver's speed on the ticket. But, occasionally, officers will give a driver a break by writing down a slower speed, so the fine isn't quite as expensive as it could be.
Motorists who get caught driving faster than 100 miles per hour face enhanced consequences. The penalties for exceeding 100 miles per hour are:
However, like other speeding violations, driving over 100 miles per hour is an infraction.
The base fine for a minimum speed violation is $35.
In California, the base fine is just the starting point for figuring out how much a traffic ticket is going to cost. There are lots of fees and penalty assessments that the court will tack on to the total.
For example, if your base fine is $35, you can expect your total to come to about $230 once everything is counted. Generally, the total amount you have to pay is in the range of five to seven times the base fine.
For violations that occur in designated safety, construction, and highway maintenance zones, the fines are higher. For example, if the fine would normally be $35, it goes up to $70 when committed in one of these special zones.
Typically, a speeding violation will add at least one point to a motorist's driving record. Accumulating too many points can lead to license suspension.
Depending on the circumstances, speeding could lead to a "reckless driving" conviction. California defines reckless driving as operating a vehicle "in willful or wanton disregard for the safety of persons or property." A standard first offense carries five to 90 days in jail and/or $145 to $1,000 in fines. And if a speeding violation results in the death of another person, vehicular manslaughter or homicide charges are a possibility.