California maximum speed vs. speed limit?

Question

I got a ticket for going over the speed limit on a California freeway. If there is a "speed limit" sign on the freeway instead of a "maximum speed" sign that should have been there, do I have the right to contest the ticket on the basis that my speed was reasonable for the conditions, as the "speed limit" sign would indicate I have the right to do?

Answer 1

He was not cited for presumptive or basic speed, his ticket is for going over the max.  There does not even need to be a maximum speed limit sign since it is the max, you cannot go over 65 MPH.  (CVC § 22356 being the exception.)  Anyhow, you have the right to contest the ticket on any merit-less basis.  Believe me, I have tried.

*/End of Line.

Answer 2

What the h**l are you talking about?

Answer 3

In Ca., both signs mean the same thing. What else could speed limit mean?

Reasonable for the conditions means "when traveling at or below the speed limit" NOT whatever speed you prefer to go.

Answer 4

just pay the ticket...and put down the pipe

Answer 5

I went to traffic school and few months ago and we talked about this. I'm also in Cali, and yes you can actually contest it. The "maximum speed" sign is the fastest you can go in that area, in any time, no matter what! The "speed limit' sign indicates the suggested fastest speed you should be traveling on the road, but if you can prove that the speed you were driving at the time was safe for the conditions and traffic, you can possibly win. I don't know if it's worth the fight, but give it a shot.

Answer 6

Quit looking for stupid technicalities.  You were speeding.  End of story.

Answer 7

Wikipedia does it again.

Apparently, yes, you can contest it:

"The numerical limit set by CalTrans engineers for "Speed Limit" signs ... is considered a presumptive maximum "reasonable and prudent" speed."

...

"it is technically allowable for a driver ticketed for exceeding this "Speed Limit" to present the argument that his or her speed was "reasonable and prudent" at the time the ticket was issued. While rare, some speeding tickets have been thrown out based on this provision."

later..

"California was forced to create a new legal signage category, Maximum Speed, to indicate to drivers that the Basic Speed Law did not apply on these federally funded highways; rather, it would be a violation to exceed the fixed maximum speed indicated on the sign, regardless of whether the driver's speed could be considered "reasonable and prudent."

So from that I would say yes: a "Speed limit" is dependent on what is reasonable and prudent, a "maximum speed" is the only thing that is numerically hardwired.

Answer 8

It is because of people like you, who are probably at the most 20 years old, certainly no older than 24, that I get on my knees every night and pray for the military draft to be reinstated. You need some absolutes in your life. Brick walls to come up against. People in charge of you who will not listen to your c**p and will only accept your behavior if it is what you are instructed to do with no argument. I know you are probably no older than 20 because I have three of my own and two of my wife's, all ranging from 9 to 20 that act the same as you. Your kind of person has an excuse for everything. I am not even going to attempt to respond to your question, and frankly no one else should either, because it simply enables you to be the way you are and because you already know the answer, but you insist on wasting everyone's time anyway. It is no wonder that insurance companies wait until kids are 25 before they cut them a break on their car insurance. I'm surprised they even insure anyone under 25.

Answer 9

It's up to the descretion of the officer to determine if your speed was "unsafe for the current road conditions" -- for example, you could get ticketed for traveling at the speed limit if it was foggy or the road was covered in ice or it was deemed "unsafe" for you to be traveling at the posted speed limit.

Incidently, the posted "Speed Limit" indicates the "Maximum Speed" for that section of road under ideal conditions.