Quote:
Originally Posted by surfstar
Also "Of course, going even one mile per hour over the posted speed limit is a crime. This is not an opinion, nor is it open to interpretation." -this is false.
California:
Speed Law Violations
22351. (a) The speed of any vehicle upon a highway not in excess of the limits specified in Section 22352 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law.
(b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing.
You can exceed the posted limit and not be in violation. Per the same, though, you could be driving at the posted limit in rain/fog/blizzard and be in violation of speeding. Common sense is required. |
It does not say "in excess of posted speed limit". It says "in excess of the prima facie speed limits in Section 22352"
In order to interpert it, you have to actually read section 22352:
V C Section 22352 Prima Facie Speed Limits
Its referring to times you can exceed 15 or 25 mph in alleys, railroad crossings, school zones, etc. Nothing in what you quoted indicates any circumstance in which you can legally exceed POSTED speed limits in CA, only the prima facie speed limits spelled out in Section 22352 (which, barring proof of complying with the basic speed law of safety) applies whether signs are posted or not.