Can you legally drive above the posted speed limit in California?

Answer 1

Yes, but that won't make you immune to getting pulled over. California's Vehicle Code contains a section called the "Basic Speeding Law." Basically, the law says that you cannot go faster than what is reasonably practical given the conditions you are driving in. The speed limit signs that are posted are speeds that the State defines to be the maximum reasonably safe speed. Going over those speeds is usually illegal. However, the law in California says that if you can provide evidence that, given the conditions you were driving in at the time, the speed you were traveling was reasonable or prudent, then you may not have broken the law, even if you were driving above the posted speed limit. For instance, if you were ticketed for driving 5 miles per hour over the speed limit, but you were able to provide competent evidence that your speed at that time was reasonable or prudent for the conditions you were driving in, your charges could be dropped. It is important to remember that when you do go over the posted speed limit, it will be up to you (not the officer) to provide evidence that your speed was reasonable or prudent for the conditions you were driving in. In theory, you can technically drive 95 mph on the freeway in the middle of the night, but only if you can provide evidence that those conditions were reasonable or prudent (good luck in court on that one).