This is another variation of our Maximum Speed Law defense. In cases like these, where violation of the letter of the law is not in dispute, we bring up other laws that might mitigate or nullify the citation in question. In this case, we use the Basic Speed Law and Minimum Speed Law in attempting to nullify the Maximum Speed Law charge.
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, and the Minimum Speed Law, CVC 22400 when you drive on any California highway.
The Minimum Speed Law states:”No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic….”
If the normal movement of traffic on a freeway is 80mph and you are traveling at 65mph or less, clearly you are impeding the movement of traffic and creating a hazard. In this situation, it is safer to obey the Minimum Speed Law, by matching your speed to the traffic flow, then to follow the Maximum Speed Law and cause a hazard by driving at 65mph or slower.
The Basic Speed Law, CVC 22350, 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 traffic is moving at 80 mph, it is not safe to drive 15-20 mph slower than this speed. To match the speed of traffic in this situation does violate the Maximum Speed Law. However, it may be necessary to travel above 65mph to obey the Basic Speed Law and to avoid being rear-ended by some speed-addict towing a dirt bike trailer at 85mph with his SUV death machine.
For directions on how to use this document, click here.
STATEMENT OF FACTS
Defendant’s Name: Joey Stephano
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 past Camp Pendleton, just north of Las Pulgas Rd., at around 1:00PM on 3-12-00. I was stopped by CHP Officer Flan (I.D.#12345) and charged with violating CVC 22349(a) for traveling a speed of 75mph. I do not deny traveling at this speed but submit that my citation should be dismissed, as my speed was necessary in compliance with the Basic Speed Law and the Minimum Speed Law.
The traffic was heavy and moving at an average speed of 80 mph. At first, I tried to obey the posted maximum of 65 mph, even though the other vehicles were going 10-15mph faster. Due to the heavy, fast moving traffic, I was constantly being tailgated and was almost rear-ended by several cars. Motorists honked their horns at me and made obscene hand gestures. My attempt to obey the letter of the law by maintaining a speed of 65mph was causing a hazardous situation for myself and others.
CVC 22400, “The Minimum Speed Law,” requires that “No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic….” By driving at 65 mph, I was certainly impeding the normal flow of traffic: 80mph at the time of my stop. In this situation, it was safer to obey the Minimum Speed Law, by matching my speed to the traffic flow, then to follow the Maximum Speed Law and cause a hazard by driving at 65mph or slower.
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.” If traffic is moving at 80 mph, it is not safe to drive 15-20 mph slower than this speed. To match the speed of traffic in this situation does violate the Maximum Speed Law. However, my situation required me to travel above 65mph to obey the Basic Speed Law and to avoid being rear-ended by faster moving traffic.
Where I was stopped, Interstate 5 is a well-maintained multi-lane freeway, quite safe to travel on at a speed above the 65mph maximum limit with favorable weather and road conditions. Since I was required for safety to accelerate to match the speed of traffic, I contest that my speed in excess of 65mph was necessary, reasonable, and prudent pursuant to the Basic Speed Law and Minimum Speed Law.
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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