CA VC22350 "Unsafe Speed for Prevailing Conditions Over Limit"

Jermico007

New Member
Jurisdiction
California
CA VC22350 was the Citation.
Scenario: I was stopped in Traffic, While Stopped, I picked up my phone to check the time. At this moment, a motorcycle officer passed me while splitting lanes. He saw me, stopped, Then engaged a traffic Stop. Asked for standard info, Registration and license. The officer asked me why I had my phone in my hand and I told him I was "checking the time". My concern was getting to work on time. He then issued me a citation for 22350.
Short Version.
1. I was stopped.
2. He saw me briefly with my phone through my passenger window.
3. He cited me for 22350
There was no texting or phone calls logged on my phone or bill +/- an hour from the time of the citation. There was no use of my phone at the time of the citation. Just checking the time.
Can I fight this and get it thrown out?
 
Can I fight this and get it thrown out?

You are certainly FREE to try.
Don't expect miracles, mate.
Traffic school or deferred adjudication is so much easier, and if available to you a SURE fire winner.
 
Here is the code that pertains to your traffic ticket:

VEHICLE CODE - VEH
DIVISION 11. RULES OF THE ROAD [21000 - 23336]
CHAPTER 7. Speed Laws [22348 - 22413]
ARTICLE 1. Generally [22348 - 22366] ( Heading of Article 1 amended by Stats. 1959, Ch. 11. )
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.
 
I can't speak to what happened and any other possible reason for the issuance of this traffic ticket. But if you were issued this summons while at a full stop, it would appear that you may have the defense you stated available to you. The traffic violation cited doesn't appear to fit the situation you stated. You'll likely have a better chance fighting the ticket if you show up to traffic court. Good luck.
 
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