California Vehicle Code Section 22352 establishes that posted speed limits are a presumption, not an absolute rule, meaning drivers can legally exceed the limit if they can prove their speed was reasonable and prudent for the specific conditions; this differs from Montana's approach, which used the same legal mechanism but was struck down by the Supreme Court as unconstitutionally vague because it lacked the hard numerical limits that California maintains as a backstop.
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California's posted speed limit isn't a hard rule #ShortsAjouté :
California's 70-mph speed limit isn't actually a hard limit.
California Vehicle Code Section [music] 22352, the basic speed law, makes posted speed limits a presumption, not an absolute.
You can legally drive faster than 70 if you can prove your speed was reasonable and prudent for conditions.
>> [music] >> This is the same legal mechanism Montana used between 1995 and 1998 before the Supreme Court struck it down as unconstitutionally vague.
California survived because it uses Section 22350 as a backstop on top of hard numerical limits. Montana used it as the only law, same rule, different constitutional fate. Full breakdown on State Code it.
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