California Vehicle Code 22350, the Basic Speed Law, is unique among speeding statutes: it can be violated even when you are driving at or below the posted speed limit. The law requires driving at a speed that is reasonable and prudent given weather, visibility, traffic, and road conditions. An officer can cite you under VC 22350 if conditions — such as fog, rain, congestion, or a construction zone — made your actual speed unsafe, regardless of what the posted limit said.
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.
Enacted by Stats. 1959, Ch. 3. (Original enactment.)
Fine & Penalty Amounts
Estimated totals include all mandatory state and county penalty assessments. Actual amounts vary by county court.
Violation Range
Est. Total with Assessments
Notes
Standard basic speed law violation
~$490
Same fine tier as other 1-point moving violations.
Elevated speed in hazardous conditions
~$750–$1,000
Officer discretion; fine tier depends on cited speed.
The fine for a VC 22350 violation follows the same base-fine schedule as other speeding infractions, determined by how fast the officer recorded you traveling. After California penalty assessments, the total is typically two to three times the base fine.
Frequently Asked Questions
Common questions drivers search for after receiving this citation.
California Vehicle Code 22350 requires you to drive at a speed that is reasonable and prudent for the actual conditions — weather, visibility, traffic, and road surface. Unlike an absolute speed limit violation, you can be cited under VC 22350 even if you were traveling at or below the posted speed, if an officer determined that speed was unsafe given the specific conditions at the time.
Yes. The Basic Speed Law is a "prima facie" speed law, meaning posted limits are presumptively safe under normal conditions. If conditions make that speed unsafe — heavy rain, dense fog, a construction zone, or heavy pedestrian traffic — an officer can cite you for the posted speed if it exceeds what was reasonable. The citation must include what conditions justified the lower safe speed.
VC 22349(a) is an absolute limit — any speed above 65 mph on a highway is a violation, period. VC 22350 is condition-based — the violation requires that your speed was unreasonable for the specific circumstances. Defending a 22350 citation often involves arguing that your speed was actually reasonable given the conditions the officer described.
Yes. A conviction under VC 22350 adds 1 point to your California DMV driving record, which stays for 36 months. The point and fine impact are the same as other 1-point moving violations.
Yes. Because VC 22350 requires the speed to have been unreasonable for conditions, defenses can include arguing that conditions were not as the officer described, that the road was clear and well-lit at the time, that the officer's speed estimate was inaccurate, or that the citation lacks sufficient factual basis. A Trial by Written Declaration lets you contest it in writing without appearing in court.
Also frequently cited with
California drivers who receive this citation often have questions about these related violations.
