Vehicle Code § 22349 a VC – Speeding Over 65 MPH

California Vehicle Code § 22349 a VC prohibits you from driving on a highway at a speed greater than 65 miles per hour. This is a default law that applies unless the speed limit is set at a different speed (such as 55 mph or 70 mph).

A violation is an infraction that can lead to a fine and points on the person’s driver’s license.

The full language of the code section reads:

“22349. (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.”

Vehicle Code 22356 VC authorizes the Department of Transportation to set the speed limit at 70 mph.

Defenses

It may be possible to challenge a speeding ticket in traffic court. Common grounds include showing that:

• there was an emergency
• the defendant was in a 70 miles per hour speed zone, and/or
• a radar device produced an inaccurate reading.

Fines

Speeding over 65 mph is an infraction. This is opposed to a California misdemeanor or a felony.

The offense is punishable by:

• a speeding ticket and a fine, and
• one point on the driver’s DMV driving record.

The DMV can do the following if a person earns enough points within a 1-, 2- or 3-year period:

• declare him/her a negligent operator, and
• suspend, or even, revoke, his driving privileges.

Our California auto accident attorneys will highlight the following in this article:

• 1. Is it illegal to drive over 65 miles per hour in California?
• 2. How can a person fight a speeding ticket?
  • 2.1. Emergency
  • 2.2. 70 miles per hour speed zone
  • 2.3. Radar device produced inaccurate reading
• 3. What happens if the ticket is sustained?
• 4. What happens if a driver ignores a ticket?
• 5. Are there laws related to VC 22349?
  • 5.1. Basic speeding law
  • 5.2. Reckless driving
  • 5.3. Reckless driving causing injury

1. Is it illegal to drive over 65 miles per hour in California?

Vehicle Code 22349 VC is the California law that makes it an infraction for a driver to:

1. drive a vehicle on a freeway, and
2. do so at a speed greater than 65 miles per hour.¹

The statute applies unless the freeway is marked for another speed limit.

The above law sets forth an absolute speed limit. This means a motorist violates the statute by driving one mile per hour more than 65.

California has two additional absolute speed limits. These prohibit drivers from driving faster than:

• 70 mph on freeways and other highways (that are marked for 70 miles per hour),² and
• 55 mph on two-lane, undivided highways (that are marked for 55 miles per hour).³

2. How can a person fight a speeding ticket?

Defense lawyers draw on several legal strategies in fighting a speeding ticket. These include showing that:

1. the defendant was speeding because of an emergency.
2. the accused was driving in a 70-mph speed zone.
3. a radar device produced an inaccurate reading.

2.1. Emergency

Emergencies often occur and they can force a motorist to exceed the speed limit. Common emergencies involve:

• medical conditions,
• fires, and
• work situations.

A driver can always challenge a speeding ticket by saying that he/she had to drive fast because there was an emergency.

2.2. 70 miles per hour speed zone

VC 22356 authorizes the Department of Transportation to set the speed limit at 70 mph. When it does, a driver is free to drive at this speed. A defense, then, is for a driver to say that he was in a 70-mph speed zone.

2.3. Radar device produced inaccurate reading

Police officers typically use radar devices to show that a driver was speeding. A strong legal defense then is showing that the device produced an inaccurate reading.

There are three ways to show this. These are:

1. showing that objects interfered with the radar beam (such as trees, trucks or other cars).
2. proving that the radar device was not calibrated properly.
3. demonstrating that the officer using the device did so incorrectly.

3. What happens if the ticket is sustained?

There are two penalties for driving over 65 miles per hour. These are:

1. a ticket (usually in an amount of $350 to $600), and
2. one point placed on the motorist’s DMV driving record.

The DMV can do the following if a person earns enough points within a 1-, 2- or 3-year period:

• declare him a negligent operator, and
• suspend, or even, revoke, his driving privileges.

4. What happens if a driver ignores a ticket?

A driver that ignores a speeding ticket violates another law, Vehicle Code 40508 VC. This is the State’s statute on the failure to appear in court on a traffic citation.

When a person is issued a traffic ticket in California, he/she has to sign a written promise to appear in court.

If the party willfully fails to appear as promised, he/she violates VC 40508.⁴ Drivers willfully fail to appear when they are willingly a no-show. It does not matter if they did not intend to break the law.⁵

A violation of Vehicle Code 40508 is a misdemeanor. The penalties are:

• up to six months in county jail, and/or
• a fine of up to $1,000.⁶

5. Are there laws related to VC 22349?

There are three laws related to driving over 65 miles per hour. These are:

1. the basic speeding law – VC 22350,
2. reckless driving – VC 23103, and
3. reckless driving causing injury – VC 23104.

5.1. The basic speeding law – VC 22350

According to the California basic speed law in Vehicle Code 22350 VC, motorists must drive at a reasonable and safe speed.

This law applies no matter the posted speed zone and its enforcement depends on the facts of the case.

A violation of the statute brings the same penalties as under VC 22349.

5.2. Reckless driving – VC 23103

Vehicle Code 23103 VC is the California statute that defines the crime of reckless driving.

A person commits this offense when:

1. he or she operates a vehicle, and
2. does so with a wanton disregard for the safety of other people or property.

Depending on the facts of the case, speeding itself may arise to reckless driving.

5.3. Reckless driving causing injury – VC 23104

Vehicle Code 23104 VC is the California statute that makes it a crime for a person to:

1. injure someone, and
2. do so while driving recklessly.

Violations of both VC 23103 and VC 23104 are misdemeanor offenses.

For additional help…

For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group.

For similar laws in Nevada, please see our article on “NRS 484B.600 Fighting Speeding Tickets in Nevada.”

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