Understanding prima facie speed limits
Upon being pulled over for speeding by a law enforcement officer in Encino, the first question that you are likely to be asked is “Do you know what the speed limit is on this road?” Many of those that we here at [nap_names id=\”FIRM-NAME-3\”] – Law Offices of Amir Soleimanian and Associates, Inc. have represented in the past may have reasonably claimed to answer “No” that question. That is because in many areas, speed limits may not be posted. In such cases, the state relies on prima facie (generally accepted) guidelines in order to regulate traffic. Understanding what these prima facie speed limits are may help you in contesting a citation.
California’s prima facie speed limits can be found in section 22352 of the state’s Vehicle Code. According to this statute, you should observe a speed limit of 25 miles per hour in the following situations:
- On any highway (other than a state highway) going through a residential or business district where a different speed limit is not posted.
- When driving near a school building or grounds designated by a “SCHOOL” warning sign while children are arriving or leaving school during school hours.
- When driving near any facility primarily used by senior citizens where the road is marked by a “SENIOR” warning sign.
There is also a prima facie speed limit of 15 miles per hour observed whenever you are traversing a railway crossing or intersection of highways if, during the last 100 feet of your approach, you do not have an unobstructed view of at least 400 feet of oncoming rail traffic, or 100 feet on any oncoming highway traffic.
More information of the laws regulating roadway speeds in California can be found here on our site.