CALIFORNIA VEHICLE CODE 22349 A VC – SPEEDING OVER 65 MPH

According to the vehicle code 22349 a VC of the California Department of Motor Vehicles, driving on a highway at a speed exceeding 65 miles per hour is prohibited, except as specified in Section 22356. Additionally, on two-lane, undivided highways, the maximum speed limit is 55 miles per hour, unless a higher speed limit has been posted by the Department of Transportation or local agency based on an engineering and traffic survey. It is important to note that a two-lane, undivided highway is defined as a highway with only one through lane of travel in each direction, and passing lanes are not considered when determining the number of through lanes. The Legislature intends to have adequate signage on these highways to maintain the 55 miles-per-hour speed limit.

22349 CVC: (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.

Source:  https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=22349.

Elements of Crime – California Vehicle Code 22349A

To be charged under Vehicle Code § 22349(a) VC, the following elements typically need to be present:

• The individual must be operating a motor vehicle. This includes cars, trucks, motorcycles, and other motorized vehicles.
• The offense must occur on a highway. In California, a highway is generally defined as any public road or street.
• The vehicle must be traveling at a speed exceeding 65 miles per hour. This is the maximum speed limit set by this section of the Vehicle Code for vehicles on highways.
• There should be a reliable measurement of the vehicle’s speed. This is often done using radar, LIDAR, or other speed detection devices operated by law enforcement.
• The area where the speeding occurred must be legally designated with a speed limit of 65 miles per hour or less. This means the road should have appropriate signage indicating the speed limit.

Example:

Emily Johnson, a 28-year-old software engineer, was driving her sedan on Interstate 5 in California, a well-traveled highway with a posted speed limit of 65 miles per hour. Emily, running late for a crucial meeting, accelerated to 80 mph, hoping to make up for lost time.

A California Highway Patrol officer, stationed near a highway overpass and using a radar gun, clocked Emily’s speed at 80 mph. The officer then proceeded to pull Emily over and informed her that she was being cited for violating California Vehicle Code § 22349(a) VC – Speeding Over 65 MPH. Emily was driving 15 mph over the posted speed limit on a California highway, clearly violating VC § 22349(a). The officer’s radar reading provides substantial evidence against Emily, assuming the radar was properly calibrated and the officer was trained in its use. Emily faces potential fines and points added to her driving record, which could lead to increased insurance premiums.

How Much Does A Ticket For CA 22349 a VC Cost?

Speeding over 65 mph is considered an infraction in California, which means it is not classified as a misdemeanor crime or a felony crime. When receiving a ticket for violating California Vehicle Code Section 22349(a) – Speeding Over 65 MPH, the penalties can include fines and DMV points.

The court fine for this violation varies depending on the additional county and city fees added to the state fine. Without considering county and city fees, the fine can be $480 for exceeding the speed limit by 26+ mph over the speed limit. However, it’s important to note that the final fine amount can be different based on the specific circumstances of the violation and the jurisdiction.

In terms of DMV points, violating Section 22349(a) will result in 1 point on your driving record. This point will remain on your record for 3 years.

Accumulating too many points within a specific timeframe can lead to additional consequences such as increased insurance rates or even license suspension. If a person accumulates a certain number of points within a specific timeframe (1, 2, or 3 years), the DMV may declare them a negligent operator. This can lead to further consequences, such as the suspension or revocation of driving privileges.

Issuing citations for violating Section 22349 a VC of the California Vehicle Code is one of the most frequently issued traffic tickets in the state. These citations can be issued by law enforcement officers.

22349 A VC Fine Amount:

How Can You Fight A Speeding Ticket in California?

A DUI Defense lawyer can employ various legal strategies to fight a speeding ticket, including leveraging other California Vehicle Code (VC) laws that can support their case. In addition to CA 22349(a) VC, drivers are also obligated to adhere to the basic speed law, CA VC 22350, when driving on any highway. According to the basic speed law, drivers must travel at a safe speed considering the current conditions, such as weather, visibility, traffic, and the condition of the road.

If the conditions allow drivers to safely exceed the posted maximum speed limit, it can be argued that doing so was not illegal. While this may initially appear weak, the argument is supported by CVC 22351 – Speed Law Violations, which states that exceeding the speed limits can be considered unlawful unless the defendant can provide competent evidence demonstrating that the speed did not violate the basic speed law given the time, place, and conditions.

Therefore, the argument can be made that driving above the 65 mph speed limit was not unlawful if the speed was safe considering the given conditions. This is just one technique used by ticket dismissal services to contest California speeding tickets. Collecting all the relevant details of the traffic stop is crucial for these services to assist in challenging such infractions.

Other potential defenses can include demonstrating that the defendant was speeding due to an emergency, driving in a 70 mph speed zone, or presenting evidence of an inaccurate reading from a radar device.

Please note; effectiveness of these strategies may vary depending on the specific circumstances of the case and the jurisdiction.

What Happens If You Ignore A Ticket?

Ignoring a speeding ticket in California is considered a violation of another law, Vehicle Code 40508 VC. This statute pertains to the failure to appear in court on a traffic citation.

When a person receives a traffic ticket in California, they are required to sign a written promise to appear in court. If the individual willfully fails to appear as promised, they are in violation of VC 40508. Willful failure to appear refers to willingly being a no-show, regardless of whether or not there was an intent to break the law.

A violation of Vehicle Code 40508 is classified as a misdemeanor. The potential penalties for this offense include up to six months in county jail and/or a fine of up to $1,000.

It is important to take any traffic citation seriously and fulfill the requirements outlined in the ticket, such as appearing in court or addressing the citation by the designated deadline. Failure to do so can result in further legal consequences and should be discussed with a qualified attorney.

Related Crimes:

• The basic speeding law – VC 22350
• Reckless driving – VC 23103
• Reckless driving causing injury – VC 23104
• False Statements (Vehicle Code – VEH Section 20)
• Impersonating a Member of the California Highway Patrol (Vehicle Code – VEH Section 27)
• Giving False Information (Vehicle Code – VEH Section 31)
• Reckless Driving (Vehicle Code – VEH Sections 23103 and 23104)
• Speed Contests or Exhibitions (Vehicle Code – VEH Section 23109)
• Throwing at Vehicles (Vehicle Code – VEH Subdivision (a) of Section 23110)
• Driving Under the Influence (Vehicle Code – VEH Section 23152)
• Possession of Marijuana in a Vehicle (Vehicle Code – VEH Subdivision (b) of Section 23222)
• Unlawfully Towed or Stored Vehicles (Vehicle Code – VEH Subdivision (g), (j), (k), (l), or (m) of Section 22658)

Each of these laws has its own specific elements and penalties, and their applicability can vary depending on the circumstances of each case.

Speak With Criminal Defense Lawyer From Tabibnia Law Firm

If you or someone you know has been charged with CA Vehicle Code § 22349(a) VC, it is crucial to seek legal counsel immediately. The consequences of this offense can be serious and have long-lasting impacts on your driving record, insurance rates, and even your freedom. To ensure that your rights are protected and to navigate the legal process effectively, speak with a Los Angeles criminal defense lawyer from Tabibnia Law Firm. Mr. Cyrus Tabibnia with over 18 years of experience specializes in traffic violations. He will provide you with the expert guidance and representation needed to fight your case. Don’t wait – take action now and contact Tabibnia Law Firm for a consultation today. Call: 866-713-2159

Legal References:

Codes.findlaw.com | leginfo.legislature.ca.gov