Vehicle Code Defense
CVC 22350 Basic Speed Law: Defense Guide
CVC 22350 is California's Basic Speed Law: no person may drive faster than is reasonable or prudent for the conditions, and never at a speed that endangers people or property. A citation under it is an infraction with one DMV point, and the 2026 total bail is $234, $363 or $486 depending on how far over the limit the officer recorded. Because the section turns on conditions rather than a number, the defense is fact-specific.
Updated September 16, 2026
For the 2026 total bail and DMV points of every common section, not just this one, see the California Vehicle Code fines table.
Short Answer
What CVC 22350 says, and what a ticket under it costs.
Vehicle Code section 22350 reads: 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. It is the section officers use for speeding on streets with a posted or prima facie limit below 65 mph.
It differs from CVC 22349, the maximum speed law, which is the 65 mph (or 55 mph two-lane) ceiling and does not depend on conditions. The two sections share the same Speed Chart, so the money is the same; the argument is not.
| Speed over the limit | Total bail, 2026 statewide schedule | DMV points |
|---|---|---|
| 1 to 15 mph | $234 | 1 |
| 16 to 25 mph | $363 | 1 |
| 26 mph or more | $486 | 1 |
Meaning
The legal question is whether the speed was unsafe for conditions.
CVC 22350 is not only about the number on the speedometer. It asks whether the speed was reasonable for the weather, visibility, traffic, surface, width of the road, and overall safety.
That is why the best defense usually starts with conditions: clear weather, dry road, light traffic, good visibility, proper signs, safe lane position, and whether the officer had a reliable view.
Fine And Point Impact
A CVC 22350 ticket can cost more than the base fine.
| Speed range | Base fine | Total bail on the 2026 schedule |
|---|---|---|
| 1-15 mph over | $35 | $234 |
| 16-25 mph over | $70 | $363 |
| 26+ mph over | $100 | $486 |
Evidence
What to document for a Basic Speed Law defense.
Road conditions
Dry pavement, wide lanes, clear sight lines, and normal traffic can support the argument that the speed was safe.
Officer position
Where the officer observed or measured speed can affect vehicle identification and condition assessment.
Speed measurement
Radar, LIDAR, pacing, and visual estimates raise different questions about calibration, training, distance, and accuracy.
Written Declaration
How to organize the argument.
Identify the exact violation and alleged speed from the citation.
Describe the conditions at the time of the stop in factual language.
Explain why those conditions did not make the speed unsafe.
Attach photos, diagrams, witness statements, or other supporting evidence.
Submit the TR-205 package before the court deadline.
FAQ
CVC 22350 questions
What is CVC 22350?
CVC 22350 is California's Basic Speed Law. It focuses on whether the speed was reasonable and prudent for weather, visibility, traffic, road surface, road width, and safety.
Is CVC 22350 different from an absolute speed limit?
Yes. An absolute speed limit citation focuses on a fixed maximum speed. A Basic Speed Law citation requires attention to the actual conditions at the time and place of the stop.
Does a CVC 22350 conviction add DMV points?
A typical speeding conviction can add one DMV negligent operator point. Points can affect insurance and license status depending on your record.
Can I fight CVC 22350 by written declaration?
Many traffic infractions can be contested by Trial by Written Declaration when the court allows it and no personal appearance is required. Check your notice and local court instructions.
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This guide is educational information, not legal advice. Estimated totals are based on the 2026 California uniform bail schedule and can vary by county or case; verify your citation and court notice.