We’ve all found ourselves rushing to get somewhere and sometimes that includes speeding. But while speeding itself is illegal, under California Vehicle Code Section 22362 VC, speeding in a construction zone is a separate violation. A motorist is in violation of the law if he or she is found to be speeding within 400 feet of a construction zone.
California Vehicle Code 22350, which discusses the rules of the road, explains that motorists must drive at a safe and reasonable speed, which is dependent upon the specific circumstances of each case. Therefore safe and unreasonable driving is considered a violation of the law.
Penalties for Speeding
If a California driver ignores a basic speeding ticket, he or she will likely incur a charge of failure to appear, which can be a misdemeanor. However, when a driver is ticketed for speeding in a construction zone, they face separate penalties than those issued under the basic speeding law. Penalties include:
- A speeding ticket
- A fine of $367-$600+; and
- One point on the individual’s driving record.
Drivers can receive a negligent operator license suspension if they receive:
- 4 points in 12 months;
- 6 points in 24 months; or
- 8 points in 36 months
Under 22362 VC, if someone drives within 400 feet of a construction zone at a speed that is greater than the posted speed limit, it is considered a prima facie violation. This means that the act itself creates a presumption that an individual has violated the law.
Over Coming a Presumption of a Violation
However, this does not mean that this presumption can’t be disproven; it can. The driver must be able to show that even though he was exceeding the speed limit, he was not violating the basic speeding law in California. In order to show this, he or she must be able to demonstrate that the speed that they were going at the time that they were pulled over was reasonable under the specific circumstances of their case. This may include factors such as:
- Road conditions
- Weather conditions
- Amount of traffic on the road
Another defense would be to demonstrate that the required construction zone signs were not posted or were posted less than 400 feet from the site, as is required by law.
The Cheap Traffic Attorneys Help Those Who Have Received a Traffic Ticket
Although you may feel inclined to try to handle the situation yourself, you may not end up with the best outcome. If you have received a traffic ticket, it can impact your finances and your record. That is why it is so important to consult with a knowledgeable and experienced traffic ticket attorney who understands the law, the consequences, and how to best minimize them on your behalf – as soon as possible.
At Cheap Traffic Attorneys, we are dedicated to defending California motorists against prosecutors who commonly wish to offer the toughest penalties. To learn more or to schedule a free consultation, contact us today.
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