All roads have a speed limit. Going above the speed limit is against the law, and it’s also quite dangerous. Roads are designed for a certain speed. California Vehicle Code Section 22356: Driving Over 70 MPH on the Freeway governs the speed limit.
Driving over 70 miles per hour (MPH) on most freeways is against the law, and you could get charged with a crime if you’re caught. However, there are defenses against this charge. Our criminal defense lawyers in Los Angeles can work to protect you against penalties.
Let’s break down what you need to know about California’s freeway speed limits, what could happen if you’re caught speeding, and possible defenses if you’re charged. Simmrin Law Group has decades of combined legal experience and is ready to handle any criminal case in California or Federal court.
Understanding California’s 70 MPH Speed Limit
California’s vehicle code allows for a maximum speed limit of 70 MPH on certain highways. This is not a universal limit! It is only done after state authorities determine the road is safe enough to go at that speed. If it is allowed, they will put up speed limit signs to show that travel at 70 MPH is safe and legal.
The process for setting a 70 MPH speed limit involves several steps:
- The Department of Transportation conducts an engineering and traffic survey
- They consult with the Department of the California Highway Patrol
- They determine if speeding over 65 MPH would be safe and facilitate traffic flow
- The higher limit must comply with federal law
Not all vehicles are allowed to travel at 70 MPH, even in designated zones. Most passenger vehicles can travel at the higher limit, but larger vehicles and trucks with trailers may have lower speed limits.
Legal Consequences of Exceeding 70 MPH
You’re violating the law if you’re caught driving over 70 MPH in a designated 70 MPH zone. Here’s what you might face:
- A speeding ticket with associated fines
- Points on your driving record
- Potential increases in insurance premiums
Certain circumstances can make exceeding the 70 MPH limit more serious:
- Speeding in construction zones
- Driving recklessly in addition to speeding
- Having a history of prior traffic violations
If you crash while you are speeding, you may face other charges that could be amplified because you were speeding. Speeding could make you at fault for a crash, which forces your insurance company to pay the victim.
Common Defenses Against Speeding Charges
If you’ve been cited for driving over 70 MPH on a freeway by California Vehicle Code Section 22356, your lawyer has several defenses, and they can try to get the charges dropped.
The Basic Speed Law Defense
California has a “Basic Speed Law,” which states that you should never drive faster than is safe for current conditions, regardless of the posted limit. Your lawyer might argue that while you exceeded 70 MPH, your speed was safe given the conditions.
This defense requires demonstrating that traffic, weather, and road conditions allow for safe driving at your actual speed.
Challenging the Speed Reading
One of the most common defenses involves questioning the accuracy of the speed measurement:
- Radar gun calibration: If the officer used a radar gun, your lawyer might challenge whether it was properly calibrated.
- Officer training: Your lawyer could question whether the officer was adequately trained to use the speed detection equipment.
- Environmental factors: Weather conditions or nearby objects might have interfered with speed readings.
Necessity or Emergency
In some cases, your lawyer might argue that exceeding the speed limit was necessary. Some examples include:
- Medical emergency: If you were rushing to the hospital for a legitimate emergency.
- Avoiding danger: If you had to speed up briefly to avoid a dangerous situation on the road.
Lack of Proper Signage
Your defense might focus on inadequate notification of the speed limit, like if the speed limit signs were missing or obscured. Speed zone borders must be clearly marked. If it was impossible to tell what the speed limit was where you were pulled over, you may have a case.
Why Speed Limits Matter
Understanding and adhering to speed limits is crucial for several reasons:
- It helps ensure road safety for all drivers
- It reduces the risk of serious accidents
- It helps you avoid costly tickets and penalties
What to Do if You’re Ticketed for Speeding
If you find yourself pulled over for exceeding the 70 MPH limit:
- Remain calm and cooperate with the officer
- Don’t admit to speeding, but be respectful
- Gather information about the exact location you were accused of speeding and your circumstances
- Consider your options by speaking with a criminal defense lawyer familiar with California Vehicle Code Section 22356: Driving Over 70 MPH on the Freeway.
How Simmrin Law Group Can Help With California Vehicle Code Section 22356 Charges
At Simmrin Law Group, we understand that speeding tickets can have serious consequences. If you’ve been cited for driving over 70 MPH on a California freeway under California Vehicle Code Section 22356, we’re here to help. Our experienced traffic attorneys can:
- Review the details of your case
- Explain your rights and potential defenses
- Investigate the circumstances of your ticket
- Challenge the evidence against you when appropriate
- Negotiate with prosecutors for reduced charges or penalties
- Represent you in court to potentially reduce fines or points on your license
Don’t let a speeding ticket impact your driving record or lead to unnecessary fines. Contact Simmrin Law Group today for a consultation. Let us help you navigate the complexities of California Vehicle Code Section 22356: Driving Over 70 MPH on the Freeway, explore all possible defenses, and protect your driving privileges.