Driving at or below the posted speed limit isn’t always enough to prevent accidents. That’s why Section 22350 of the California Vehicle Code (CVC) requires drivers to adjust their speed for road and weather conditions.
Violating California’s basic speed law, or CVC 22350, means you drove faster than is “reasonable or prudent,” even if you didn’t exceed the speed limit. Here’s what you should know about these regulations, the penalties you could face, and how to handle your ticket.
What Is CVC 22350?
CVC 22350 makes it illegal to drive too fast for the conditions, such as weather, visibility, and road surface. Under this law, motorists must slow down as needed, even if that means going below the posted speed limit.
CVC 22350 isn’t just about obeying the speed limit. It requires driving at a speed that matches the environment. Even if you’re within the legal limit, factors like rain, fog, snow, or heavy traffic can affect visibility and vehicle control, increasing crash risk.
Say you’re driving 55 miles per hour (mph) in the rain on a multilane highway. In California, the maximum speed limit on this type of road is 65 mph, so you might think you’re not doing anything wrong. But, if your speed is unsafe for conditions, you could be breaking CVC 22350. This typically happens if a police officer catches you in the act.
Penalties for Violating CVC 22350 in California
Violating California’s basic speed law is an infraction punishable by fines and demerit points. Like most traffic violations, it can also raise your auto insurance costs for three years or longer.
Here’s what to expect if you receive a CVC 22350 ticket.
CVC 22350 Fines
California drivers who violate CVC 22350 may receive a fine of $35 to $500 or more, plus court and administrative fees. The exact amount depends on your speed at the time of the offense. Note that the application of CVC 22350 is subjective, so it’s up to the officer to decide what speed was reasonable for the conditions.
| Speeding Penalties Under CVC 22350 | |||
|---|---|---|---|
| Speed Over Limit / Unsafe Speed | Base Fine | Additional Notes | License Suspension |
| 1–15 mph faster than the limit or safe speed | $35 | Applies if not exceeding 100 mph | N/A |
| 16–25 mph faster than the limit or safe speed | $70 | ||
| 26+ mph faster than the limit or safe speed | $100 | ||
| Driving faster than 100 mph | $500–$1,000 | Violation of CVC 22348 | 30 days to 12 months |
Note that speeding over 100 miles per hour is punishable under CVC 22348 and carries harsher penalties than a CVC 22350 ticket. However, exceeding the limit by just a few miles per hour or driving too fast for the conditions may result in hefty fines.
For example, the base fine for driving up to 15 mph over the safe speed is $35. That may not seem like much, but the total cost jumps to about $234 after adding state and county penalty assessments, surcharges, and other fees.
Similarly, a $70 base fine for driving 16 to 25 mph over the safe speed means you’ll pay around $363 once penalty assessments and fees are added. Want to calculate your total ticket cost for CVC 22350? Check out our speeding ticket cost calculator.
Read: How Much Is a Speeding Ticket in California?
Demerit Points
A speeding ticket issued under CVC 22350 will add one point to your DMV record. That point stays on your license for 36 months, during which you’ll likely pay higher insurance premiums.
The California Department of Motor Vehicles (DMV) can take away your driving privileges if you accumulate:
- 4 points in one year
- 6 points in two years
- 8 points in three years
Read: How the California DMV Point System Works
Higher Insurance Rates
In California, a single speeding ticket can raise your auto insurance rates by about 39%.
So, if you currently pay $3,000 per year for full coverage, a CVC 22350 violation could increase your premium to around $4,170 for three consecutive years. Rates may be even higher for teenage drivers and repeat offenders.
One option is to attend traffic school to prevent a ticket from appearing on your license. Yes, traffic school costs a small fee, but it’s usually worth it. Traffic school can save you thousands of dollars by preventing your insurance rates from increasing.
Potential for Other Charges
When you receive a CVC 22350 ticket, you can be cited for violating the basic speed law or, in more serious cases, for major offenses like a DUI or reckless driving. It all depends on the circumstances of the incident.
For example, driving 50 mph in heavy rain while fully aware of the risks demonstrates willful disregard for safety. In this case, you could be charged with reckless driving. Under California law, reckless driving is a misdemeanor punishable by hefty fines, points, license suspension, or imprisonment.
Expect even harsher penalties if you cause an accident while driving at an unsafe speed or if you fail to adjust your speed because you’re under the influence. These are serious offenses that could result in civil liability, jail time, and vehicle impoundment.
What to Do If You Get a 22350 CVC Ticket
Unless you’re facing additional charges, there are three ways to handle a CVC 22350 violation in California. Let’s see what each option entails:
Pay the Fine
The simplest option is to admit guilt and pay the fine. Most courts accept online payments, making the process quick and easy.
If you go this route, you’ll get one point on your license, which can lead to higher insurance costs.
Fight Your Speeding Ticket
If you believe you were wrongly accused of violating California’s basic speed law, consider fighting the ticket in court. Alternatively, request a trial by written declaration, which involves contesting the charges in writing.
First, make sure you have a solid defense. Think about whether you can prove any of the following:
- Your speed was safe for the road, weather, and traffic conditions.
- You were driving faster than recommended due to an emergency.
- The officer misjudged the situation or relied on inaccurate speed readings.
In each of these scenarios, you’ll need supporting evidence, such as dashcam footage, witness statements, or documentation showing that your speed was appropriate. A traffic lawyer could help build your case, but their services come at a price.
Generally, it’s not worth going to court or hiring an attorney for one-point infractions like a CVC 22350 ticket. The fine is often lower than the legal fees, and unless you’re close to license suspension or have strong evidence in your favor, you might be better off going to traffic school.
Read: How Much Does a Traffic Lawyer Cost?
Complete Traffic School
Traffic school doesn’t eliminate your obligation to pay the fine, but it allows you to “mask” one point from your record and avoid insurance rate hikes. As a result, it could save you hundreds or even thousands of dollars and prevent license suspension.
If you’re considering this option, check the due date on your speeding ticket. Plead guilty, pay the fine, and request traffic school before the deadline, then choose a DMV-approved traffic school.
Our self-paced course is approved by the DMV and accepted by all California courts. Because it’s 100% online and mobile-friendly, you can study anytime, anywhere. Just be sure to confirm your eligibility for traffic school before enrolling.
Under California law, drivers can attend traffic school no more than once every 18 months. They must also meet the following requirements:
- Hold a valid non-commercial driver’s license.
- Be cited for a one-point moving violation.
- Not have been caught speeding 25+ mph over the limit.
- Not have been under the influence of alcohol or drugs at the time of the offense.
Your speeding ticket will mention whether or not you’re eligible for traffic school, but you still need to verify with the court.
Once you get the green light, you’ll have 30 to 90 days to complete the course. If you take the course online, you can finish in just two or three hours.
Read: How Traffic School Works
Why Choose Best Online Traffic School?
If you received a CVC 22350 ticket, you may qualify for traffic school. If you take it with Best Online Traffic School, the course is fast and easy, and is accepted by all California courts, including in San Francisco, Orange County, and Riverside County.
In fact, 99.9% of California drivers who choose Best Online Traffic School pass on the first try. That speaks volumes about our commitment to quality learning. In addition to our user-friendly course, we offer the following perks:
✅ Free audio read-alongs in English, Spanish, and Chinese
✅ Unlimited course retakes and exam attempts
✅ Short quizzes after each lesson
✅ Save-and-resume feature
✅ Multi-device compatibility
✅ 24/7 live chat support
✅ Free digital certificate for your records
✅ Same-day certificate submission to the court and DMV
The best part? Our all-inclusive flat fee of $27.99 is due only after you pass. This means you can start traffic school anytime and pay nothing until the course is over. (You can also use our promo code for extra savings. )
Dealing with a speeding ticket has never been easier. Start traffic school for FREE today.
FAQs About CVC 22350
What else would you like to know about California’s basic speed law? Below are the answers to some questions you may have:
Does the basic speed law vary by state?
Yes and no, depending on how you look at it. While all states require drivers to adjust their speed to the conditions, the laws governing this rule are implemented and enforced differently across the U.S.
For example, California, Texas, and New York all use the phrase “reasonable and prudent” when referring to the appropriate driving speed. The core principle is consistent across these states, but the legal framework, maximum speed limits, and potential penalties for violations vary.
What are the four major speed laws in California?
California has four major laws related to driving speed:
• Basic speed law: Drivers must maintain a speed that’s safe for the current conditions, even if it’s below the posted limit.
• Maximum speed law: Drivers may not exceed the posted speed limit, no matter the circumstances.
• Minimum speed law: In California and most other states, you can receive a ticket for driving too slowly if it disrupts the normal flow of traffic.
• Prima facie speed law: Drivers must comply with the speed limit in areas where no signage is posted. For instance, the prima facie speed limit is 25 mph in school zones and 15 mph within 100 feet of railroad crossings with limited visibility.
How long does a speeding ticket stay on your record?
In California, one-point speeding tickets remain on your record for three years from the conviction date. However, more serious offenses, such as speeding 100+ mph, can stick around for seven years or longer.