DUI Lawyer | Joel Brand, Esq.

Difference Between VC 22349 and VC 22350

Speeding is one of the most common traffic violations in California, and it is governed by various sections of the California Vehicle Code (VC). Two key statutes related to speeding are VC 22349 and VC 22350. While both deal with speeding, they apply in different contexts and serve distinct purposes in traffic enforcement. Understanding the difference between these two sections is crucial for both drivers and law enforcement officers. This article will explore the distinctions between VC 22349 and VC 22350, discussing when each should be used by police officers and the legal implications for drivers.

Overview of VC 22349

California Vehicle Code § 22349: Maximum Speed Law

VC 22349 is commonly referred to as the “Maximum Speed Law.” This section of the Vehicle Code sets specific speed limits that are legally enforceable on California roads. The statute reads as follows:

  • VC 22349(a): “No person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.“
  • VC 22349(b): “Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency.“

Key Points of VC 22349

  • Absolute Speed Limits: VC 22349 sets absolute speed limits, meaning that exceeding these limits is a violation, regardless of the conditions. For instance, if a driver is traveling at 70 mph on a highway with a posted limit of 65 mph, they are in violation of VC 22349(a).
  • Application: VC 22349 is typically applied on highways and freeways where speed limits are clearly posted. It provides a clear and enforceable standard for maximum speeds, making it straightforward for law enforcement to determine when a violation has occurred.
  • Exceptions: There are exceptions where higher speeds may be allowed, such as in certain areas where the Department of Transportation has determined that a higher speed is safe and has posted the appropriate signage.

When Police Officers Should Use VC 22349

Law enforcement officers should use VC 22349 when the violation involves a driver exceeding the posted maximum speed limit. This section is particularly relevant in cases where the speed limit is clearly marked, such as on highways, freeways, and certain rural roads. Officers often rely on radar or LIDAR (Light Detection and Ranging) technology to measure a vehicle’s speed and determine whether it exceeds the statutory limit.

VC 22349 is most commonly used in situations where the violation is clear-cut, with no need for additional consideration of road conditions, traffic, or weather. The focus is solely on whether the driver exceeded the posted speed limit.

Overview of VC 22350

California Vehicle Code § 22350: Basic Speed Law

VC 22350, known as the “Basic Speed Law,” is a more flexible statute compared to VC 22349. It does not set a specific speed limit but instead requires drivers to travel at a speed that is “reasonable or prudent” given the current conditions. The statute reads as follows:

  • VC 22350: “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.“

Key Points of VC 22350

  • Reasonable and Prudent Speed: Unlike VC 22349, which sets absolute limits, VC 22350 is concerned with whether a driver’s speed is appropriate for the conditions. This means that even if a driver is traveling at or below the posted speed limit, they can still be cited if their speed is unsafe given the circumstances.
  • Subjective Enforcement: VC 22350 allows for more subjective enforcement, as it requires officers to assess the conditions at the time of the alleged violation. Factors such as weather, visibility, road surface, traffic density, and the width of the road all play a role in determining what constitutes a “reasonable” speed.
  • Flexibility: This law provides flexibility in enforcement, allowing officers to issue citations in situations where the posted speed limit might be too high for safe driving under specific conditions, such as during heavy rain or fog.

When Police Officers Should Use VC 22350

VC 22350 is appropriate when the conditions of the road or environment make it unsafe to drive at the posted speed limit. This section should be used by officers in situations where they believe that the driver’s speed, while within the legal limit, is not safe given the current conditions.

For example, if a driver is traveling at 60 mph on a freeway during a dense fog, and the visibility is severely reduced, an officer might cite the driver under VC 22350. Similarly, if a driver is traveling at 45 mph in a 50 mph zone but is doing so on a winding road during a heavy rainstorm, the officer might determine that this speed is not “reasonable or prudent” and issue a citation under VC 22350.

Comparing VC 22349 and VC 22350

Absolute vs. Subjective Standards

  • VC 22349 is an absolute standard, meaning any speed above the posted limit is illegal. There is no need for the officer to consider external factors; the speed alone is the determining factor.
  • VC 22350 is a subjective standard, focusing on whether the speed is safe for the conditions. This requires officers to make a judgment call based on their assessment of the driving environment.

Typical Use Cases

  • VC 22349 is typically used on highways and freeways where speed limits are well-defined and conditions are generally predictable.
  • VC 22350 is more likely to be used on roads with variable conditions, such as city streets, rural roads, or during adverse weather conditions where the posted speed limit might not be safe.

Enforcement Tools

  • VC 22349 enforcement often relies on technology such as radar or LIDAR to measure speed against a posted limit.
  • VC 22350 enforcement relies more on the officer’s observation and judgment of the driving conditions, making it a more subjective process.

Legal Implications for Drivers

Defending Against VC 22349 Violations

Defending against a VC 22349 violation typically involves challenging the accuracy of the speed measurement. This might include questioning the calibration and use of the radar or LIDAR device, or the officer’s training and experience with the equipment.

Defending Against VC 22350 Violations

Defending against a VC 22350 violation involves arguing that the speed was, in fact, reasonable and prudent given the conditions. This defense might include presenting evidence that the weather, road, and traffic conditions did not warrant a reduction in speed, or that the officer’s assessment was incorrect.

Conclusion

VC 22349 and VC 22350 serve different purposes in the enforcement of California’s traffic laws. VC 22349 sets clear, absolute speed limits, while VC 22350 provides a more flexible standard based on the conditions at the time of driving. Law enforcement officers must choose which statute to apply based on the specific circumstances of each case. Understanding the differences between these two sections is essential for both drivers and legal professionals when dealing with speeding violations in California.

Whether you are facing a citation under VC 22349 or VC 22350, it is crucial to understand your rights and the potential defenses available. Consulting with an experienced attorney can help you navigate the complexities of California’s traffic laws and work toward the best possible outcome in your case.