Here we try to justify our speed above 65 MPH by noting specific circumstances and laws that made this speed momentarily necessary and legal. We contest that we should not be cited for breaking one law in order to obey another.
The maximum speed law, CVC 22349(a), is very simple. It states that it is illegal to travel above 65mph on any California highway (with the exception of highways posted at 70mph). So technically, if you drive at 66mph you are just as guilty as if you drive 100mph. However, you are also bound by a host of other laws such as the the basic speed law, CVC 22350, when you drive on any highway.
This basic speed law states that you must always drive a safe speed for conditions. These conditions include: weather, visibility, traffic, and the surface and width of the highway. If these safe conditions permit us to drive slightly above the posted maximum, we argue here that it was not illegal to do so. If this seems like a tenuous argument, it is. But CVC 22351 Speed Law Violations, supports this argument:“The speed of any vehicle upon a highway in excess of the prima facie speed limits…or established as authorized in this code (includes the 65mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing.” Since our speed was not unsafe for the conditions, we use this law to justify that our traveling above the 65mph limit was not, in itself, unlawful.
We also mention here that we needed to speed up momentarily to pass a car that had flashed it’s lights at us. CVC 21753 “Yielding for Passing” requires that “the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal or the momentary flash of headlights by the overtaking vehicle….” In speeding up to clear traffic and move to the right to allow an overtaking vehicle to pass, we further insist that other laws may momentarily require us to exceed the posted maximum.
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STATEMENT OF FACTS
Defendant’s Name: Vladimir Nobokov
Case No.: S780824
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22349(a).
The facts of my case are as follows: While driving northbound on Interstate 5, just north of Sorrento Valley Rd., at around 2300 on 3-12-99, I noticed an overtaking car in my lane flash its lights at me. The overtaking vehicle was following very closely, creating an unsafe situation. Since I could not move to the right immediately due to traffic, I accelerated somewhat to pass this traffic so that I could yield to the right of the overtaking vehicle and alleviate this developing unsafe situation. Soon after I safely yielded to the right to the overtaking vehicle , I was stopped by CHP Officer Putain (I.D.#12345) and charged with violating CVC 22349(a).
CVC 21753 “Yielding for Passing” requires that “the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal or the momentary flash of headlights by the overtaking vehicle….” I do not think it is fair to convict me for momentarily breaking one law in my attempt to obey another and relieve an unsafe situation caused by an impatient driver.
The Basic Speed Law, CVC 22350, states: “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.”
Where I was stopped, Interstate 5 is a well-maintained multi-lane freeway, quite safe to travel on at a speed slightly above the 65mph maximum limit with the favorable weather (clear and dry) and road conditions that existed at the time of my stop. Since I was required for safety to momentarily accelerate to allow the car overtaking and tailgating me to pass, I contest that my speed in excess of 65mph was necessary, reasonable, and prudent pursuant to the Basic Speed Law.
Section (b) of Speed Law Violations, CVC 22351, states: “The speed of any vehicle upon a highway in excess of the prima facie speed limits…or established as authorized in this code (includes the 65mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing.”
The favorable road and weather conditions existing at the time and place of my stop combined with the necessity to momentarily accelerate to alleviate an unsafe situation with a speeding tailgater, made the speed I was traveling at the time of my stop Safe and Reasonable for conditions. As such, I know that I was not in violation of the basic speed law at the time and place of my citation and, pursuant to CVC 22351(b), contest that my speed at the time of my traffic stop was therefore not per se unlawful.
I trust in the Court’s fairness in this matter and believe that my citation should be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a Trial de Novo.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
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