Dismiss Speeding On California Highway (CVC 22349a)

California Vehicle Code 22349(a) – Speeding Over 65 miles per hour

Speeding on California Highways

CVC 22349 is the most popular vehicle code issued in California and might be considered as the state’s basic speed law by many. Hundreds of drivers receive this violation daily while traveling on freeways and highways throughout the Golden State.

We’ve anticipated that you’ll have a handful of questions about this topic so we’ve created a guide to address any questions

Article Guide :

Can you legally travel over 65 miles per hour in California?

California Vehicle Code 22349(a) Explained

• Is California Vehicle Code 22349(a) VC a Criminal Offense?
• Is California Vehicle Code 22349(a) VC an Absolute Speed?

Common Misconceptions about California speed laws

Challenging a California Vehicle Code 22349(a) VC ticket

• How to fight a speeding ticket for California Vehicle Code 22349(a) VC?
• Best way to fight a speeding ticket for California Vehicle Code 22349(a) VC?
• Strategies for beating a traffic ticket for vehicle code 22349 VC in California

Fees for a California Vehicle Code 22349(a) VC ticket

• Consequences for a California Vehicle Code 22349(a) VC ticket?
• Points Associated with a California Vehicle Code 22349(a) VC ticket?

Is it worth fighting a speeding ticket for California Vehicle Code 22349(a) VC?

• What to do if you received a speeding ticket for California Vehicle Code 22349(a) VC?
• Going to court for a California Vehicle Code 22349(a) VC speeding ticket?
• Just paying your speeding ticket in California

Other Vehicle Codes for Speeding Tickets in California

Exact language of section 22349(a) reads as follows:

(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.

(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:

(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.

(2) Passing lanes may not be considered when determining the number of through lanes.

(c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.

This statue makes it illegal to traveling in a motor vehicle over 65 miles per hour on a freeway or highway.

Depending on the roadway type, highways in California have standard speed, or prima facie speed limits.

These speed limits are:

• 65 miles per hour on standard highways
• 55 miles per hour on 2-lane highways

Drivers going over 65 miles per hour on a freeway in California are subject to being cited for an infraction of the violation of California law Vehicle Code 22349(a).

Vehicle Code 22349(a) states, Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

This statute does not apply if the freeway is marked for a different speed limit.

If the highway has a posted sign for 70 mph max speed limit, then a driver can legally travel over 65 miles per hour.

Violations of California Vehicle Code 22349(a) is one of the most common traffic tickets issued by California Highway Patrol Officers. Traffic tickets for California Vehicle Code 22349(a) VC are common because most highways in California are subject to the maximum speed law of 65 miles per hour.

You can challenge a speeding ticket for CVC 22349(a) without going to court. Our traffic ticket experts will review your ticket and explain the best way to fight the speeding ticket for going over 65 miles per hour.

Take a picture of the speeding ticket and send it to us via email for review.

No, 22349(a) VC is not a criminal offense. A violation of California Vehicle Code 22349(a) is an infraction. Drivers are not at the risk of being sentenced to jail time due to a speeding violation. Although, if you were found to be committing a crime while violating California Vehicle Code 22349(a), or were under the influence of drugs or alcohol, or caused a collision you could face potential criminal charges along with the infraction.

Yes, California Vehicle Code 22349(a) VC is an absolute speed limit and is basic speed law. This means that a driver traveling even one mile over the speed limit is in violation of the statute and no longer at a safe speed, technically.

(a). What is an absolute speed limit in California?

An absolute speed limit is essentially the maximum speed limit a motorist can travel on a particular roadway, and was established by experts from the state by doing a traffic survey. The absolute speed limit prohibits drivers from traveling higher than the posted speed limit.

(b). What are the absolute speed limits in California?

There are three major absolute speed limits in California:

• 70 miles per hour on freeways with posted speed limit signs for 70 mph (California Vehicle Code 22356(b)).
• 65 miles per hour on freeways and highways not marked for 70 mph (California Vehicle Code 22349(a)).
• 55 miles per hour on two-lane undivided highways unless posted speed limits indicate higher speeds (California Vehicle Code 22349(b)).

Before a citation is even issued, there are a number of myths that surround speed laws that demonstrate a severe cognitive dissonance from our days in Driver’s Ed. Many times this discrepancy between what we think is permissible under the law and what the California Vehicle Code actually states can lead to a ticket. To help you out, we compiled a short list of these misconceptions:

• It is legal to exceed the speed limit by 5 mph
• If other vehicles on the roadway are speeding, it is permissible
• to speed to maintain the flow of traffic
• Speeding in the ‘fast lane’ is permitted to pass another vehicle
• Speeding is permissible in emergency situations

“It is legal to exceed the speed limit by 5 mph”

It is called a speed limit for a reason, as the speed limit constitutes the maximum speed at which a vehicle may drive on the roadway so long as conditions permit. There is no legal grace period for speeding. An officer has the discretion to cite you for exceeding the speed limit by 1mph or even for driving at the posted speed limit if they do not feel the roadway conditions can accommodate travel at that speed. We’ve seen it happen.

“If other vehicles on the roadway are speeding, it is permissible to speed to maintain the flow of traffic”

This concept harkens back to childhood when many of us would attempt to justify misbehavior by telling our parents that others were acting the same way. This writer can hear her mom-turned-traffic-cop chiding her, “If all of those other drivers jumped off a bridge, would you do it too?” The speed of other drivers does not increase the speed limit on the roadway.

“Speeding in the ‘fast lane’ is permitted to pass another vehicle”Speeding in the ‘fast lane’ is permitted to pass another vehicle”

The far left lane on the highway is supposed to be reserved for passing, but is only colloquially known as the “fast lane”. The nickname does not afford a license to drive at a speed faster than the limit, even if the goal is to pass another vehicle. Passing is intended to be done at the speed limit to get around a slower-moving vehicle.

“Speeding is permissible in emergency situations”

This one is a little trickier, but the only vehicles for whom traffic laws are suspended in emergency situations are designated emergency vehicles. These vehicles are equipped with signaling equipment like lights and sirens which notify individuals that they need to allow for a clear path. The same cannot be said for your average vehicle. Emergency situations do arise and if you or another person is in a life-threatening situation, call an ambulance to transport you safely.

Speeding tickets in California can be expensive and that is not a misconception. If you did get a speeding ticket in California take a minute to learn about your options. In some cases you can fight a speeding ticket and have it dismissed without even having to go to court.

With the right legal help challenging a speeding ticket in California can be easy. Often drivers are intimidated by the legal system and don’t exercise their rights for a trial. Our traffic ticket experts will take the time to explain the trial process and help put you in the best position for dismissal.

The circumstances surrounding individual situations factor heavily to how a speeding ticket for California Vehicle Code 22349(a) VC is issued. These include, but are not limited to :

• Roadway conditions
• Weather
• Traffic
• Officer’s vantage point
• Method officer utilized to detect alleged speed

These variations mean that regardless of how simple the law seems, each case possesses its own unique set of circumstances, allowing the speeding ticket to be challenged.

Traffic ticket experts utilize legal tactics to fight speeding tickets issued in California. Motorists have the legal right to challenge a speeding ticket and officers must prove proper steps were taken to issue a ticket. A trial allows you to fight a speeding ticket issued in California for a dismissal.

Remember the side of the road is not where you can make a case for dismissal. You can fight a speeding ticket in California with a trial by written declaration and avoid the officer and a judge.

A traffic ticket expert can review and determine the best ways to challenge a speeding ticket for Vehicle Code 22349 VC. One of the best ways to challenge a speeding ticket for dismissal is with a process called trial by written declaration. Our traffic ticket experts have been helping clients successfully dismiss traffic ticket violations for California Vehicle Code 22349(a) VC since 2008.

Years of experience has provided insight to officer methods, speed-detecting methods, and court requirements. It is in your advantage to have experts that understand the court process and can provide the best approach in fighting a speeding ticket in California.

The only way you can have a chance at beating a speeding ticket for Vehicle Code 22349 VC in California is to challenge it in court and use legal strategies. Some legal strategies may include :

• Showing lack of accuracy in how a speed was obtained
• The actual speed limit zone
• Need to travel a certain speed due to an emergency

Every case is individually based. Talk to a traffic ticket expert about the California speeding ticket and we can help provide the best avenues and defenses to dismiss the speeding ticket for Vehicle Code 22349 VC.

A notice to appear will provide insight on the fee associated with your ticket. These traffic ticket fines are determined by an individual’s speed & driving record. A speeding ticket fine plus potential penalties could cost $400 or more. Fees for a speeding ticket can vary and speeding tickets have lasting effects on an individual’s driving record.

Base fees for a California ticket Vehicle Code 22349(a):

• 1 – 15 mph over = $237+
• 16 – 25 mph over = $367+
• 26+ mph = $489+

The consequences of a Vehicle Code 22349(a) speeding ticket can be a lot to handle. It is important to know your options and that you don’t have to deal with it alone. Some of the consequences include:

1. Point on your DMV driving record
   Paying the high fee associated with the speeding ticket
2.           Increased insurance rates

Insurance premiums can go up if you receive a speeding ticket or other types of traffic tickets in California because insurance companies consider these infractions as an indication of increased risk. Speeding and other traffic violations are seen as negligent and irresponsible driving behavior, which statistically increases the likelihood of being involved in accidents. As a result, car insurance companies adjust their premiums to reflect the higher risk associated with drivers who have a history of traffic violations.

If a driver is convicted of the violation of Vehicle Code 22349(a) it is punishable by:

• A fine and
• one point on the driver’s DMV driving record.

How long does a point for California Vehicle Code 22349(a) stay on my driving record?

Generally, a violation of Vehicle Code 22349(a) renders one point on your driving record and it will stay on your DMV driving record for 3 years.

Other violations will stay on your driving record for a longer period of time. The length of time a traffic conviction stays on your DMV license record is dependent on the severity of the offense. The length of time can vary from 3-13 years:

• A 1-point violation like speeding tickets or stop sign tickets stay on your DMV record for 3 years.
• Some 2-point violations like VC 22348(b) speeding over 100 mph violation or VC 23109 exhibition of speeding will remain on your DMV record for 7 years.
• 2-point traffic ticket violations such as a hit-and-run, DUI or driving on a suspended license conviction will remain on your DMV record for 13 years.

Short answer, yes. A trial lets you challenge the ticket for dismissal. The advantages to a dismissal of your speeding ticket are :

1. Not paying fine and penalties
2. Maintaining low insurance rates
3. Keeping the point off your driving record

If you received a speeding ticket for California Vehicle code 22349(a) our team of traffic ticket experts may be able to assist you.

Send us a picture of the ticket for review to find out more about what options you have available to dismiss your speeding ticket in California.

Not all traffic tickets require a court appearance. California allows drivers to challenge their traffic tickets from the comfort of their home. The best way to avoid going to court for a traffic ticket is to fight the speeding ticket via a trial by written declaration.

Paying a ticket may seem like the easy way out but there are multiple problems that come up which can be avoided when a ticket is dismissed.

When you pay a speeding ticket without challenging it you run into the following problems:

• 1 or more points on your DMV driving record
• Possible insurance increases
• Missed job opportunities
• Expensive fines

• 22349(b) VC
• 22356(b) VC
• 22350 VC
• 22406 VC

CVC 22349(b) Explained 

CVC 22349 is the law that determines how fast you can legally go on certain roads, and understanding its ins and outs can save you from a costly citation. Zooming down the highway, wind in your hair and music blasting – it’s a liberating feeling, until you see those flashing lights in your rearview mirror.

Getting slapped with a hefty speeding ticket can put a serious dent in your day, but fear not, because with the right approach and assistance from Ticket Snipers, you can contest the ticket and come out on top.

Definition of CVC 22349(b)

CVC 22349(b) is an important provision in California’s Vehicle Code that regulates the speed limit on certain highways within the state. CVC 22349(b) is essential in ensuring the safety of drivers on the road and reducing the number of accidents caused by driving down the highway in excess of the posted speed limit.  

CVC 22349 states, 

(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.

(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:

(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.

(2) Passing lanes may not be considered when determining the number of through lanes.

Comparison between CVC 22349(a) and CVC 22349(b)

While both CVC 22349(a) and CVC 22349(b) refer to speed limits on highways, they differ in a couple of ways. 

1. CVC 22349(a) applies to all highways in California, not just those with two lanes, meaning both undivided and divided highways.
2. CVC 22349(a) sets the maximum speed limit at 65 miles per hour unless a different speed is posted.

On the other hand, CVC 22349(b) applies only to two-lane, undivided highways and CVC 22349(b) sets the maximum speed limit at 55 mph unless a higher speed limit sign is posted.  Essentially, CVC 22349(b) is a more specific subsection of CVC 22349(a), applying only to a particular type of highway. These are called prima facie speed limits, or default limits.

The rationale behind this provision is to prevent drivers from excessively speeding on two-lane undivided highways, which can be dangerous for both the driver and other road users.

To avoid violating CVC 22349(b), it is important to always be aware of the speed limit on the highway you are driving on. While the maximum speed limit is 65 miles per hour on applicable highways, there may be lower speed limits in certain areas. Always be on the lookout for posted speed limit signs and adjust your speed accordingly.

Fine amount for violating CVC 22349(b)

Driving comes with a responsibility to adhere to traffic laws and regulations, including speed limits. Speeding can lead to fatal accidents, which is why the California Vehicle Code (CVC) 22349(b) imposes hefty fines on drivers who violate the speed limit on highways. 

Let’s explore the fine amount for violating CVC 22349(b) and the consequences of having a speeding ticket on your record.

The fine imposed for a CVC 22349(b) speeding violation is subject to variation, taking into account several factors, such as the county of issuance, the degree of exceeding the speed limit, and the driver’s past driving record.

General fine amounts are provided below: 

• A driver who goes over the speed limit by 1 to 15 mph as a first-time offender can incur a base fine of $35, and the total amount of fines may reach $238.
• For speeds ranging from 16 to 25 mph above the limit, the base fine is $70, and the total fines can amount to $367.
• A base fine of $100 applies to speeds exceeding 26 mph, with total fines totaling $490.

In cases where a driver has previously received a citation within the last three years, the fines increase substantially.

DMV Points and Record Implications

DMV points are a way for the Department of Motor Vehicles (DMV) to track driving violations and determine whether a driver’s license should be suspended or revoked. We will explain DMV points and how they relate to CVC 22349(b) violations, discuss how to avoid DMV points for a speeding ticket in California, and go over how long CVC 22349(b) violations stay on your driving record.

Explanation of DMV points 

Let’s start with an explanation of DMV points for traffic tickets in California. Each time you receive a traffic violation, the DMV assigns a certain number of points to your driving record. The number of points assigned depends on the severity of the violation. 

If you accumulate too many points within a certain period, the DMV may suspend or revoke your driver’s license. The DMV uses a tiered system to determine when to take action. 

– If you accumulate four points within 12 months, 

– six points within 24 months, 

– or eight points within 36 months, the DMV will send you a notice of suspension.

Additionally, if you are convicted of a major driving offense, such as driving under the influence or reckless driving, the DMV may suspend or revoke your license regardless of how many points you have.

How DMV points relate to CVC 22349(b) violations

Speeding violations are typically worth one point. 

If you are caught violating CVC 22349(b) and receive a speeding ticket, one point will be added to your driving record. However, if you accumulate multiple speeding violations within a short period, the points can quickly add up, and you could face license suspension or revocation.

How to avoid DMV points for a CVC 22349(b) speeding ticket in California

To avoid accumulating points on your driving record, you should take steps to avoid receiving a speeding ticket in the first place. The most obvious way to do this is to obey speed limits and other traffic laws. It’s important to remember that speed limits are put in place for safety reasons, and drivers should prioritize their safety and the safety of others on the road.

However; mistakes happen, California highways are confusing, and signs are not always posted. If you received a speeding ticket for CVC 22349(b), there are still options available to avoid accumulating DMV points. 

One option available may be to attend traffic school. California allows drivers to attend an approved traffic school to have the points masked from their driving record. However, this option is only available for drivers who have not attended traffic school within the past 18 months and not all speed violations qualify for traffic school. 

Another option is to fight the ticket in court. If you believe that they were not violating CVC 22349(b), you can contest the ticket in court. If successful, the ticket will be dismissed, and no points will be added to your driving record. Ticket Snipers has successfully helped thousands of drivers in California contest and beat their CVC 22349(b) speeding tickets. After a speeding ticket is issued the best thing to do to avoid the point is to find out your options for challenging the ticket. 

How long does CVC 22349(b) violations stay on your driving record.

In California, CVC 22349(b) violations remain on your driving record for three years from the date of the violation. After three years, the violation will no longer appear on your record, and the DMV will not consider it when calculating your point total.

How points affect commercial drivers.

If you operate a commercial vehicle in California, take in mind that points accumulate more quickly and impact you in harsher ways. A one-point violation becomes a 1.5-point violation for a commercial driver, for example.

Commercial drivers, whether a commercial truck driver, personal chauffeur, bus driver, etc., can accumulate a maximum of four points within a 12-month period before their commercial driver’s license (CDL) is suspended. If a commercial driver accumulates four points or more within this timeframe, the California Department of Motor Vehicles (DMV) will initiate a license suspension process. The points are assigned for certain traffic violations, such as speeding, improper lane changes, driving under the influence, and other offenses that may pose a risk to public safety. Once a commercial driver’s license is suspended, the driver will be prohibited from operating a commercial vehicle for a specific period determined by the DMV, depending on the severity of the violations and previous driving record. It is important for commercial drivers to maintain a clean driving record to avoid suspensions and potential impacts on their employment, not to mention the standard insurance increase.

Challenging CVC 22349(b)

It is no secret that California drivers have their share of burdens when it comes to navigating traffic safely and legally. CVC 22349(b) has been a source of frustration for many, who recognize its unfair regulations but may not be sure how they can effectively challenge the California speeding ticket in good faith. 

Good news is that if you received a speeding ticket for CVC 22349(b) you have options for challenging the ticket and in most cases Ticket Snipers can help.

We will discuss why challenging a CVC 22349(b) violation is important, ways to challenge a CVC 22349(b) speeding ticket, possible legal advice on strategies for dismissal and best defenses for fighting a CVC 22349(b) violation.

Challenging a speeding ticket in traffic court in California can be a daunting task, but it is not impossible. When contesting a speeding ticket, it is crucial to gather all relevant evidence that can help support your case. This may include obtaining any witness statements, photographs, or video evidence that contradict the police officer’s observations of speed in excess of the posted limit or that it was an unsafe speed. It’s important to thoroughly review the ticket for any errors or inconsistencies that could potentially invalidate it. Presenting a strong defense and effectively arguing your case in court may increase the chances of getting the speeding ticket dismissed or having the penalties reduced or changed to a lesser infraction.

With insightful guidance from our traffic experts and comprehensive information about your right as a driver, we hope to empower readers with greater confidence in taking charge of their driving experience. 

References

https://selfhelp.courts.ca.gov/traffic/pay

California Vehicle Code 22349a VC.

If you were cited with a speeding citation our team of traffic ticket experts may be able to assist. Reach out to us today to find out more about what options you have available. You can also submit your ticket for a free ticket review.