How to Beat a Ticket for CA Vehicle Code 22349a
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Receiving a ticket for CA 22349 VC is not an enjoyable experience. The CA DMV treats speed overages of 1 mph equally to overages of 50 mph in terms of guilt status. The good news is that any incurred traffic ticket fines may be avoidable. In this article, we shall explore the legal meaning of a CA 22349a VC violation, the penalties that come with it, and how to ultimately beat it.
Here is the official vehicle code from the CA DMV:
“(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.”
In this article, we will focus on beating a ticket for section (a) of CA VC 22349. Receiving a ticket for this section of the vehicle code means a vehicle was driven over 65 miles per hour on a highway. The maximum speed law, CVC 22349(a), states that it is illegal to drive over 65 mph on any highway in California—besides highways posted at 70mph—so if a driver goes one mph over the speed limit, that driver is equally guilty as someone who speeds 50 mph over the limit.
What are the penalties for receiving this kind of ticket? First off, the estimated total court fine for the violation will vary based on the additional county and city fees added on to the State fine for this ticket. Most citations received for breaking this code are drivers going well over the speed limit; the fine without county and city fees is $480 for exceeding the speed limit by 26+ mph over the speed limit. The CA DMV point violation of section 22349a is 1 point—this DMV point will be placed on your record for 3 years.
Insurance companies then take away any “good driver discount” benefits and increase premiums by around 20% or more. During the next 3 years, you may pay $800 to $4,000 more for car insurance just because of a single point on your record from this speeding ticket. The full California speeding ticket cost is likely much more pricey than you might think. These consequences sound intimidating, but don’t fret—the citation is beatable.
Let’s take a look at how other California VC laws actually aid in fighting tickets for 22349a VC. In addition to CA 22349a VC, you are also bound by a host of other laws such as the basic speed law, CA VC 22350, when you drive on any highway. This basic speed law states that you must always drive a safe speed for the current conditions—these conditions include weather, visibility, traffic, and the surface and width of the highway.
If these safe conditions allow drivers to operate their vehicles slightly above the posted maximum, an argument can be made that it was not illegal to do so. This may seem like a backbone-lacking case. However, CVC 22351 Speed Law Violations, supports this argument by stating, “The speed of any vehicle upon a highway in excess of the prima facie speed limits…or established as authorized in this code (includes the 65mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing.”
An argument can be made that because the vehicle’s speed was not unsafe for the given conditions, the law can be used to justify that driving above the 65mph speed limit was not unlawful after all. This highlights just one of many techniques that ticket dismissal services use to beat California speeding tickets. Gathering all the details of your traffic stop is crucial for these platforms to assist in beating these types of infractions.
GetDismissed produces results in fighting all kinds of tickets, including speeding-related infractions. Check out our page on California vehicle code 22349a violations. We can contest citations regarding speeding, unwarranted turns, red lights, red light cameras, cell phones, signs, carpool violations, out of lane violations, commercial violations, and many more. Find out how GetDismissed can help you out with your speeding ticket, and don’t hesitate to contact us with any questions.
GetDismissed produces results in fighting all kinds of tickets. Unfortunately, this list does not include exhibition of speed citations. Your best bet in fighting one of these infractions, is to contact an attorney. An attorney can negotiate on your behalf to try and reduce fines, or even to reduce the charges to a lesser infraction which could possibly qualify for traffic school.
We do however, contest infractions revolving around speeding, red lights, red light cameras, cell phones, signs (primarily stop signs), carpool violations, U-turns, out of lane violations, and commercial violations. If you receive a citation and have questions, contact us today.