Typical California Highway Speeding Ticket
California Vehicle Code 22349 -- Speeding
(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
Under this code section unless the highway is posted at a higher limit, normally 70 mph, you will be in violation of this section. Also, if there is some emergency situation that requires driving faster than 65 mph, such speed my be permitted. However, this latter allowance is highly not the typical situation and anyone driving above 65 on an unmarked highway should be aware that this latter argument or defense is difficult to prevail on.
A conviction of this code section will result in one point with the DMV, fines, and often increased insurance costs.
Possible Defenses to Speeding on a California Highway Include:
- Outdated Radar Calibration
- You Weren't Actually Speeding
- Inconsistent Statements by the Officer
- Officer "clocked" a Different Vehicle
- Unsafe Road Conditions Required an Increased Speed
For more information, call our office to speak with our traffic court lawyer.