Can I break the speed limit to keep up with traffic in California? What CHP says
While traveling on a highway in California, you may have noticed drivers going a few miles faster than the speed limit.
You might have even felt the urge to speed up as well, pushing past the legal limit to keep pace with other cars flying by on the freeway.
Can you break the speed limit in California to stay with the flow of traffic? Is it safer to keep up with other vehicles than follow traffic signs?
The Sacramento Bee asked the California Highway Patrol and a driving expert for advice.
Here’s what we discovered:
What counts as speeding in California?
Under California law, you’re not allowed to “drive a vehicle upon a highway at a speed greater than is reasonable or prudent,” especially if doing so “endangers the safety of persons or property.”
Californians should consider several factors when determining how fast to drive, such as the amount of traffic, the speed of other cars, weather, road conditions and whether pedestrians or bicyclists are nearby, according to the California Driver’s Handbook published by the California Department of Motor Vehicles.
However, drivers should never go above the posted speed limit, the law says.
Doing so could result in a speeding ticket or worse.
What’s the speed limit on California roads? Highways?
In California, black-and-white signs indicate the maximum speed drivers can legally go on the road, according to CHP Officer Ruben Jones, public information officer for the agency’s Valley Division.
The speed limit on most highways is 65 mph “unless otherwise posted,” the California Driver’s Handbook said.
On two-lane undivided highways, the speed limit dips to 55 mph, according to the driver’s handbook.
Vehicles towing trailers must also observe a 55 mph speed limit.
In business and residential districts, the speed limit is 25 mph unless signs say otherwise.
Can I be pulled over for ‘going with the flow of traffic?’
According to the CHP, an officer can make an enforcement stop and issue a ticket to a driver going any amount over the maximum speed limit.
“There is no grace mileage,” Jones told The Sacramento Bee. “Once you do one (mile) over, you’re in violation of the law, and you could be subject to a citation.”
He said it’s a common myth that “going with the flow of traffic” can protect Californians from being pulled over and ticketed for speeding.
“Nowhere in the entire vehicle code will you find the term or phrase ‘flow of traffic’ — or ‘I was going with everybody else,’ or ‘I was following the guy in front of me,’ ” Jones added. “None of those are viable defenses against a speeding citation in court, nor are they a good excuse to speed.”
Is it ever OK to speed on California streets?
Jones said there are no instances where Californians should go over the speed limit while driving.
However, Henning Mortensen, owner of Bond Driving School in Sacramento, said drivers sometimes must go above the speed limit when entering traffic or changing lanes.
For example, if a driver is merging onto a California highway, they may need to accelerate to safely enter a lane, he said.
“If you don’t speed and go with the flow of the traffic, at that time, you could be impeding traffic. Impeding traffic is a violation, because you can cause a collision,” Mortensen said. “However, the moment you have secured your spot in the traffic, you must then go back to following the speed limit laws.”
Is it safer to go the speed of traffic?
It is always safer to drive at or below the posted speed limit, depending on road conditions, according to Jones.
Car crashes are more intense, deadly and dangerous the faster drivers go, he said.
“For every mile an hour that you go over the speed limit ... the greater the velocity you’re traveling, and if you get into a crash, the greater the velocity of the impact,” Jones explained. “So that’s the reasoning behind speed limits is trying to minimize injuries and death.”
What should I do if someone is tailgating me?
If you’re driving the maximum speed limit and someone is on your tail, Mortensen recommended moving over to the right lane, which is intended for slower traffic.
That way, faster vehicles behind you can easily switch over to lanes on the left, he said.
If the tailgating continues, Jones advised exiting the highway or finding a safe roadside spot to pull over.
“Move over. Get out of the way. Let them go,” he said.
What are penalties for speeding in California?
The base fine for a speeding ticket depends on how fast a driver was going over the limit, according to the 2025 Judicial Council of California’s Uniform Bail and Penalty Schedule.
Driving 1 to 15 mph over the speed limit carries a $35 base fine, The Sacramento Bee previously reported.
If you’re caught going 16 to 25 mph over the posted limit, you can expect to pay at least $70 in fines.
For those speeding 26 mph or more over the limit, the minimum fine jumps to $100.
After penalty assessments and court fees are added, a speeding ticket in California can cost nearly $500, according to the Judicial Council’s Uniform Bail and Penalty Schedule.
In total, you could end up paying about $208 for driving 1 to 15 mph over the speed limit, or around $367 for going 16 to 25 mph over the speed limit.
If you’re caught speeding 26 mph or more over the limit, you can expect to pay about $490.
This story was originally published November 18, 2025 at 5:00 AM with the headline "Can I break the speed limit to keep up with traffic in California? What CHP says."
