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​David Dastrup

 

22349(a) Exceeding 65mph Max Speed Limit

“22349(a) VC” is speeding on the freeway, probably the most common issued ticket by California Highway Patrol, “CHP.” On the speeding ticket issued by CHP for 22349(a), the description is usually “speeding” “exceeding 65mph” “exceeding posted maximum speed limit” “exceeding the max. 65mph” or any other similar variation. The ticket should say what the speed the driver is alleged to have been driving and what the posted speed limit was where the alleged violation occurred.  

The exact reading of the law is, and what the prosecution must prove is:

No person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

(There are exceptions to this, specifically 22356, when a 70 mph speed limit is posted.)

Breaking down the law into parts:

  • A person drove.

    • This literally means the person driving, as opposed to the owner of the vehicle (like an owner responsibility ticket where driving or physical presence at the time of the violation is not required).

    • For example, a person in the back seat cannot be directly cited for speeding because they could not have driven the vehicle.

  • A Vehicle.

    • A vehicle is a device that can be moved on a highway.

    • (However, a vehicle is not something moved exclusively by human power, or on tracks or rails.)

  • A speed greater than 65 miles per hour.

    • Note that there are not conditions. This is a solid maximum speed. The prosecution does not have to prove what the road was like, merely that the driver went faster than 65 mph.


As in all cases, there are other elements that must be proven besides the section cited. There are also rules of court. For several reasons, more than mentioned here, this is why an attorney familiar with traffic tickets is an essential part of the defense. 

Traffic Ticket & Criminal Defense
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