Circumstances:

Gabriella R. is a 56-year-old woman, a very responsible person and a prudent driver. Her line of work requires her to have a spotless driving record and, like us all, she wants it to remain that way.

Unfortunately her perfect driving record was put in jeopardy on a rainy, winter day in 2009. Gabriella was being tailgated on this particular day. As she uses the busy Bay area freeways on a regular basis, she has a tactic she uses for regular tailgaters she finds behind her. She would usually tap her brakes two or three times to warn the driver behind her to back off. On this rainy winter day, when she is presented with a tail gator and wanted to use her tactic, she couldn’t because the roads were wet so she felt it was not safe to do this.

As Gabi says, "my only choice was to get out of the way and to let the larger vehicle pass by me. If the road was dry I would not have had to switch lanes I could have just tapped my brakes and the other driver might have backed off, but I did have to change lanes and I did have to increase my speed to allow the other driver to pass."

Problem: CVC 22349(a) CALIFORNIA SPEEDING VIOLATION

As a result, she was pulled over. As Gabi described the instance, "on the day I was issued the citation, I was driving westbound on the I-580 Freeway amongst moderate traffic. The roadway was multiple lanes wide and free from construction or debris. Overall, I was driving at a speed which was reasonable or prudent having due regard for weather, visibility, the traffic and the surface and width of the roadway."

According to DMV this violation description follows:

Maximum Speed Limit 22349.

(a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour. [MORE ON TRAFFIC TICKET CASE STUDIES]

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