Per California Vehicle Code 22349 VC, it is illegal to travel on a highway in excess of 65 miles per hour (MPH), unless a different speed limit is posted on that highway. Other limitations may also apply, such as commercial driver reduced speed limits on the same highway.
This article discusses the law, penalties, and basic defenses related to California’s basic speed law, which is found at California VC 22349 (65 MPH Speed Limit on Highways). For more information, please contact our CA Traffic & Criminal Defense Attorneys for a free consultation.
VC 22349(a) Law (Abbrev.)
Per VC 22349(a), no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour (unless a greater speed is clearly posted [VC 22356 70 MPH Speed Limit Law].
Also, per VC 22349(b), 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:
A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction (VC 22349(b)(1)).
Passing lanes may not be considered when determining the number of through lanes (VC 22349(b)(2)).
VC 22349(a) Penalties
A citation for driving over 65 MPH can result in a penalty fine and a “point” on your California driver’s license.
Note: The classification of crime for a violation of VC 22349(a) is an “infraction,” as opposed to a misdemeanor or a felony.
Fines: A violation of California’s basic speed law can lead to court fees and fines that total up to $1,000 dollars. However, these fines are often reduced if the defendant agrees to plead guilty to a court’s “indicated” penalty.
Note: Failure to appear (FTA) on written promise to appear for a violation of VC 22349, may result in a misdemeanor charge of VC 40508, which can lead to a jail sentence of up to six months upon a VC 40508 conviction and a $1,000 fine.
VC 22349(a) Common Defenses
The most common defenses used in defense of a speeding ticket for exceeding 65MPH includes, but is not limited to, the following:
Emergency: If the driver is driving in excess of the posted speed limit, but the excess speed is less dangerous than an emergency to be avoided by way of the excess speed, then then driver may have a valid defense against a VC 22349 citation.
Example: David is driving Goliath to the hospital after Goliath is struck in the head with a large stone. David drives upon the highway at a speed greater than 65 MPH because of Goliath’s emergency. Result: If David’s driving is less dangerous than the harm to be avoided (Goliath succumbing to his injuries), then David may have a valid defense to a citation for a violation of VC 22349(a)).
Exception: If the harm to be avoided by speeding is caused by the driver, then the defense of emergency will not apply.
Example: If, in the example above, David slung the stone at Goliath, and thereby David caused Goliath’s emergency, then David does not have a valid defense to a violation of speeding more than 65 MPH (VC 22349). This is true even if David’s speeding to the hospital will save Goliath’s life, because David is the person who caused the emergency need to speed in excess of 65 MPH.
Posted Speed is Greater Than 65 MPH: In some cases, the highway changes speed limits from 65 MPH to 70 MPH, but the transition between the two speed limits is unclear. In these situations, a driver might defend by showing he reasonably believed the speed limit was 70 MPH, as opposed to 65 MPH, because of the ambiguous signage along the highway.
Radar or Lidar Issue: Improper use of Radar or Lidar equipment by law enforcement can lead to inaccurate speed calculations in VC 22349(a) cases.
Also, lack of regular maintenance or calibration of Radar or Lidar equipment can lead to inaccurate speed calculations.
Officer “Pacing” Deficiencies: When a law enforcement officer reports to “Pace” the driver to calculate the driver’s speed, the officer may be wrong about that speed. This is especially true when the police officer increases speed to close the gap between the officer and the driver up to the drive and that increased speed is used to pace the driver.
Plea Bargain: Although not a true defense in the sense that the driver is found not guilty, a plea bargain, whereby the court offers a less serious driving charge, or a lower penalty fine, or both, in exchange for the driver’s agreement to plead guilty, is common in VC 22349 cases.
Note: It is true that the if the citing officer does not show up to court on the date set for trial, then the judge will dismiss the defendant’s speeding ticket. However, this generally applies to traffic court trial, and the first appearance, as the court can continue the case where the defendant pleads not guilty to the citation for speeding.
“Speed Trap” Not a Defense: A “speed trap” is a common term used for an area of highway where law enforcement officers commonly cite many traffic offenders. Receiving a citation in area of highway colloquial known as a “speed trap” is not a defense to a violation of California speed laws. A “speed trap” should not be confused with the defense of Entrapment, which rarely applies as a defense in traffic violations.
VC 22349 Post-Conviction Relief
If the defendant is found guilty of violating California’s basic speed law (VC 22349 – Excess Speed 65 MPH), he may have the following post-conviction remedies: Expunge the infraction (does not remove the “point” from the DMV record), appeal the infraction conviction, agree to attend driving school to avoid the “point” on the driver’s record [with some limitations].
Note: If the driver’s conviction for exceeding 65 MPH is not successfully defended, and the driver has many points on his driving record before the current conviction, then the driver may be charged with the crime of habitual traffic offender. The driver may also have his driving privileges suspended for excessive “points” on his DMV record.
How Can an Attorney Help: A traffic attorney will collect and review the evidence related to your speeding ticket to evaluate the availability of any viable defenses, including impeachment of the credibility of the citing officer, improper use or calibration of any scientific evidence used (i.e., Radar, Liday), and work with either the officer or the court to lower the VC 22349 charge (charge bargaining), or lower the fines related to the VC 22349 charge (sentence bargaining), or both.
Note: An attorney can appear on your behalf without the need for you to attend court in most situations.
If you are cited for a violation of California vehicle code section 22349, or speeding above 65 MPH, contact our criminal defense lawyers today for a free consultation. Our traffic and defense attorneys have successfully handled hundreds of driving crimes, from infractions to felonies. We handle all Inland Empire traffic courts (Moreno Valley, Fontana, & Victorville). There is no fee for a first-time consultation with our law firm. Call today!
909-913-3138
Related Offense
Failure to Appear & VC 40508
