my question is in order for somone to be charged with a california vc 22349(violation of the maximum speed limit) the state(witness/cop) must first prove that vc22350 ( the basic speed law) was violated. So if the state cant prove that you were in violation of the basic speed law they cant charge you with a vc22349 correct???
2007-01-09 19:00:19 · 1 answers · asked by 06tiburon 1 in Politics & Government ➔ Law & Ethics
Incorrect. These are two different and independent statutes. The maximum speed law (VC 22349) says you cannot exceed 65 mph (or 55 mph on an undivided 2-lane highway) unless otherwise posted. It does not matter whether the speed is reasonable and prudent, the speed alone violates the statute.
VC 22350 says you cannot drive at a speed which is not reasonable or prudent, no matter what speed might otherwise be permitted.
Proof of one violation is not a precondition to proof of the other. Bottom line, it is not a defense to a charge of violating VC 22349 that the speed was safe for the conditions.
2007-01-10 07:03:40 · answer #1 · answered by Anonymous · 2⤊ 0⤋