Prima Facie Speed Limits under CVC 22352
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California vehicle code 22352 tells drivers what they should assume about speed limits if the speed limits are not posted. If you received a speeding ticket in a place where the speed limit is not posted, then the officer may determine the speed limit by looking at CVC 22352.
If you received a speed ticket for speeding, then contact an experienced traffic ticket attorney in San Francisco, CA, at Ticket Crushers. We represent clients for a wide range of speeding tickets throughout the San Francisco Bay Area. Call 1 (866) 842-5384 to discuss your traffic citation.
15 Mile Per Hour Prima Facie Speed Limit in California
Under CVC 22352, the speed limit is 15 miles per hour unless a different speed limit at an alley, a blind intersection of a highway, or a railway crossing.
Alleys:
The speed limit in any alley is 15 mph.
Blind Intersections:
The speed limit for a blind intersection is 15 mph. An intersection is considered “blind” if there are no stop signs at any corner and you cannot see for 100 feet in either direction during the last 100 feet before crossing. Trees, bushes, buildings, or parked cars at intersections can block your view to the side. If your view is blocked, move slowly forward until you can see.
Under CVC 22352(2), when traversing any intersection of highways, if during the last 100 feet of his approach to the intersection, the driver does not have a clear and unobstructed view of the intersection and of any traffic upon all of the highways entering the intersection for a distance of 100 feet along all such highways, except at an intersection protected by stop signs or yield right‐of‐way signs or controlled by official traffic control signals.
Near Railroad Tracks:
The speed limit is 15 mph within 100 feet of a railroad crossing where you cannot see the tracks for 400 feet in both directions. You may drive faster than 15 mph if the crossing is controlled by gates, a warning signal, or a flagman.
Under CVC 22352(1), when traversing a railway grade crossing, if during the last 100 feet of the approach to the crossing the driver does not have a clear and unobstructed view of the crossing and of any traffic on the railway for a distance of 400 feet in both directions along such railway. This subdivision does not apply in the case of any railway grade crossing where a human flagman is on duty or a clearly visible electrical or mechanical railway crossing signal device is installed but does not then indicate the immediate approach of a railway train or car.
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25 Mile Per Hour Prima Facie Speed Limit in California
Under CVC 22352, the speed limit is 25 miles per hour unless a different speed limit is posted on a highway, business district, residence district, when or passing a school building. The prima facie speed limits are 25 miles per hour at the following locations:
(1) On any highway other than a state highway, in any business or residence district unless a different speed is determined by local authority under procedures set forth in this code.
(2) When passing a school building or the grounds thereof, contiguous to a highway and posted with a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. Such prima facie limit shall also apply when passing any school grounds which are not separated from the highway by a fence, gate or other physical barrier while the grounds are in use by children and the highway is posted with a standard “SCHOOL” warning sign.
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