CVC 22350 - Basic Speed Law: How to Beat Basic Speed Law in California (TR-205 Filing Guide)
CVC 22350 – Driving too fast for current road, weather, or traffic conditions, even if you're under the speed limit.
Driving at a speed greater than is reasonable or prudent for current conditions
Written by
Violation category
Speeding
Base fine
$100
Estimated total cost
$238 – $490 (base fine + fees)
DMV points
1 point
What is California Vehicle Code CVC 22350 - Basic Speed Law?
Driving at a speed greater than is reasonable or prudent for current conditions
Common scenarios
- Driving 65mph on a highway in heavy fog with low visibility
- Traveling the speed limit during heavy rain on slippery roads
- Driving 45mph through a school zone when children are present
- Going 50mph in a 65mph zone at night through sharp curves
Fine breakdown for CVC 22350 - Basic Speed Law
| Category | Estimated amount |
|---|---|
| Base fine | $100 |
| Court & county surcharges (estimate) | $380 |
| Total estimated out-of-pocket | $238 – $490 (base fine + fees) |
County fees can multiply the base fine by 3–5x. ClerkHero confirms exact totals using your ticket details.
What is CVC 22350 – California Basic Speed Law?
California Vehicle Code 22350, also known as the Basic Speed Law, prohibits driving at a speed that is unsafe for current conditions—even if you're under the posted speed limit. The key phrase in the law is:
"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, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."
This means you can be cited even while driving the speed limit, if road or weather conditions suggest your speed was unsafe.
Common Scenarios That Trigger This Citation
- Driving 65mph on a highway in heavy fog with low visibility
- Traveling the speed limit during rain on slick roads
- Driving 45mph through a school zone when children are present
- Going 50mph in a 65mph zone at night through sharp curves
Penalties for CVC 22350
- Base Fine: $35
- Total Cost After Fees: $238 to $490
- DMV Points: 1 point
- Insurance Impact: Likely rate increase
- Correctable?: ❌ Not correctable
- Traffic School?: ✅ Eligible if you haven't taken traffic school in last 18 months
Can I Fight a CVC 22350 Ticket?
Yes. This violation is based on officer discretion, not radar or speed limits. You can argue that your speed was reasonable for conditions, and the citation was based on opinion rather than fact.
Strong Defense Angles:
- Weather reports showing clear visibility
- Dashcam footage showing traffic flow
- Officer did not use radar or lidar
- Road signage or curve warning was absent or poorly visible
Use TR-205 to Dispute by Mail (No Court Visit)
You can fight this ticket via Trial by Written Declaration (TR-205). This means:
- No court appearance
- Submit your defense by mail
- Attach evidence (photos, reports, statements)
ClerkHero automates this entire process for you in minutes.
How ClerkHero Helps
We use AI and legal templates to:
- Build a defense tailored to your situation
- Include relevant citations and legal language
- Prepare your TR-205 documents
- Guide you on submitting to the right court
Our platform has helped drivers across California get tickets dismissed or reduced without ever going to court.
Related Violations
Summary
| Field | Detail |
|---|---|
| Violation | CVC 22350 – Unsafe Speed for Conditions |
| DMV Points | 1 |
| Total Cost | $238 – $490 |
| Traffic School | ✅ Eligible |
| Correctable | ❌ Not correctable |
| Dispute via Mail (TR-205) | ✅ Yes |
Need help fighting your Basic Speed Law ticket?
Defense ideas you can use in your TR-205 packet
Every ticket is different, but these arguments often surface in successful Trial-by-Declaration defenses. ClerkHero tailors the narrative to match your facts and any evidence you upload.
Defense template 1
Basic Speed Law – CVC 22350 Defense Template
Argue that your driving speed was reasonable given the weather, traffic, and visibility at the time. Emphasize that the officer’s judgment was subjective and unsupported by radar/lidar data.
- Best for
- Officer EstimationRoad ConditionNo Radar UsedTraffic Flow DefenseEnvironmental Factors
- TR-205 ready
- Yes
Defense template 2
Defective Speedometer - CVC 22350 Mechanical Error Defense
Argue that your vehicle's speedometer was malfunctioning unexpectedly, leading to an unintentional speed variance.
- Best for
- Mechanical ErrorSpeedingVehicle Condition
- TR-205 ready
- Yes
Defense template 3
Sudden Road Hazard - CVC 22350 Safety Avoidance Defense
Argue that you adjusted your speed or lane position to safely avoid a sudden hazard, which the officer may not have seen.
- Best for
- Road HazardSafety ManeuverEnvironmental Factors
- TR-205 ready
- Yes
Defense template 4
Officer Using Rearview Estimate - CVC 22350 Improper Observation Angle Defense
Argue that the officer attempted to estimate your speed from behind, which is widely considered unreliable.
- Best for
- Officer EstimationSpeedingObservation Angle
- TR-205 ready
- Yes
We can help fight your ticket CVC 22350 - Basic Speed Law online
ClerkHero builds your entire TR-205 defense packet automatically. No lawyer. No court visit. No confusing forms. Just upload your ticket and we handle the rest.
Step 1
Upload your ticket
We extract all violation details using hybrid OCR and AI. Works for handwritten, camera, and printed citations.
Step 2
We generate your defense
You answer a few questions. We craft a TR-205 defense letter tailored to this exact violation code.
Step 3
Sign, mail, and track
You receive a complete filing packet with step-by-step instructions. Never miss a deadline again.
Frequently asked questions about CVC 22350 - Basic Speed Law
What is the California Basic Speed Law?
CVC 22350 prohibits driving at a speed that is unsafe for current conditions, even if it's below the posted limit. It focuses on safety, not just speed limits.
What are the penalties for a CVC 22350 ticket?
Most violations carry a base fine of around $238, plus 1 DMV point. Fines may increase depending on county surcharges and whether it’s a second offense.
Can I fight a CVC 22350 citation?
Yes. You can argue that your speed was safe based on traffic flow, visibility, and road conditions. Submitting weather data, traffic reports, or dashcam evidence can help.
Is CVC 22350 eligible for traffic school?
Yes. You can argue that your speed was safe based on traffic flow, visibility, and road conditions. Submitting weather data, traffic reports, or dashcam evidence can help.
Can I use Trial by Written Declaration (TR-205) for this?
Yes. CVC 22350 is eligible for trial by written declaration. ClerkHero automates this process so you can fight your ticket without going to court.