Traffic Car Motorcycle Truck Maximum Speed Limit Laws (Veh. Code, §§ 22349, 22356)

The maximum speed limit where the accident occurred was [insert number] miles per hour.

  • General Maximum Speed is 65 Miles Per Hour. Vehicle Code section 22349(a).

  • Basic Maximum Speed for Two-Lane Undivided Highways is 55 Miles Per Hour. Vehicle Code section 22349(b).

  • Maximum Speed at Selected Locations is 70 Miles Per Hour. Vehicle Code section 22356.

  • Driving Too Slowly. Vehicle Code section 22400(a).

  • Cal. Veh. Code § 22356(a) neither forbids nor commands an act. Rather, it authorizes state transportation authorities to raise the usual maximum highway speed of 65 mph to 70 mph on certain segments of highway. On the other hand, Cal. Veh. Code § 22356(b) states a public offense by commanding anyone driving upon a highway posted for 70 mph to drive no faster than 70.
  • The general accuracy of speedometers is a matter of general knowledge and although speedometers like other machines, may get out of order, they may be relied upon with reasonable certainty to determine accurately the speed at which a vehicle is driven.
  • Defendant was convicted of violating Veh. Code, § 22356, Subd. (b), by exceeding the maximum speed of 70 miles per hour (mph). The arresting officer testified he used his speedometer to pace defendant traveling at 85 mph, while defendant testified his maximum speed was 70 mph. (Superior Court of San Bernardino County, San Bernadino District No. 43250PPJL, Michael A. Smith, Judge.) People v. Lowe, 105 Cal. App. 4th Supp. 1

    The appellate division of the superior court affirmed. The court held that the evidence was sufficient to sustain defendant’s conviction. The trial court believed the officer’s testimony as to defendant’s speed, which it was entitled to do, since the testimony of ones witness is sufficient for proof of a fact. It was immaterial that evidence of speed was not corroborated by speedometer calibration test results. Speedometer readings may be introduced into evidence even without proof of the instrument’s accuracy. The factfinder is then free to consider the lack of such proof in determining how much weight to afford the reading. Defendant offered no evidence showing, or even suggesting, that the officer’s speedometer was inaccurate. (Opinion by The Court.) People v. Lowe, 105 Cal. App. 4th Supp. 1

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