One of the laws that governs how fast you can drive on California roads is California Vehicle Code Section 22349: Speeding Over 65 MPH. This law states that you cannot drive on a California road faster than 65 miles per hour unless the limit is set to a different speed.
A subsection of the law states that two-lane undivided highways have a maximum speed limit of 55 miles per hour unless the government has surveyed the road and the traffic patterns for faster travel.
While this law is only an infraction if you break it, it will add points to your record and you will face fines. If you believe you weren’t driving over the speed limits set in this law, contact our Los Angeles traffic violation lawyers at Simmrin Law Group for advice on how to beat this charge.
What Is the Punishment for Breaking This Law?
This is an infraction, which is a lighter crime compared to a misdemeanor or a felony. This offense is punishable by:
- Adding one point to your driving record
- A speeding ticket and fine
The DMV uses points to track violations by drivers over time. The DMV will declare you’re a negligent operator If you get enough points within a certain period. Once done, they can suspend or revoke your driving privileges.
When Is It Legal to Drive Over 65 MPH in California?
California VC Section 22349 is known as a “default law”. It sets the ground rules for speed limits in California. Additional laws can change that law to allow for faster or slower speeds. Therefore, 65 MPH is an absolute speed limit for most California roads.
Freeways and other roads may be marked to allow speeds of 70 MPH. This is legal under Vehicle Code 22356. These faster zones must be clearly marked so motorists know it is safe to push the pedal a little more without fear of punishment.
How do I Fight This Charge?
There are several legal strategies a defense lawyer can use to fight the charge of Speeding Over 65 MPH in California Vehicle Code Section 22349. Here are three common ones.
The Speed Limit Is Actually Higher
As mentioned above, it is possible to set a road’s speed limit above 65 MPH to 70 if it meets the requirements in VC 22356. If we can show that you were in such a zone and you weren’t driving above 70, that would be a defense against this charge.
This might happen at the borders between two different speed zones. We could use camera footage and location data to prove the proper speed limit. In some cases, a missing sign might have misled you to stay at a higher speed when the limit dropped.
Bad Radar Device or Poor Usage of Radar Equipment
The police have several ways to detect the speed of a moving vehicle, but the most common is the radar device. These devices are not perfect and may produce an inaccurate reading.
First, they have to be used correctly by the officer. Second, the radar device must be in good working order and calibrated properly. Finally, there must be no interfering objects between the device and your vehicle.
If we can show that any of these applied, we can counter the evidence of the radar reading from your case. It will be much more difficult for the prosecution to prove you were speeding without that data.
Penalties for Ignoring the Ticket
When you sign a traffic ticket, you’re making a promise to appear in court. If you willfully fail to appear, then another law is broken. You do not have to intend to break the law, just willingly fail to appear in court.
This law, Vehicle Code 40508, is considered a misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000. Traffic ticket violations may start relatively small, but could ruin your life if you don’t comply with the court’s rules.
If you intend to fight the ticket instead, the route to go is to hire a defense attorney from the team at Simmrin Law Group. We know how to handle the charge of Speeding Over 65 MPH and can explain your legal options and chance of success.
Could Other Charges Be Added to My Ticket?
They certainly can, especially if you got into an accident or were driving recklessly. Many reckless drivers speed through streets and put others in harm’s way. Depending on how fast you were going above 65 MPH, your charges may get upgraded to reckless driving or reckless driving causing injury.
If you are facing charges from California Vehicle Code Section 22349 or any other criminal violation, contact Simmrin Law Group for a free consultation. Your freedom may depend on our help, so find out what we can do to help you stay out of trouble.