CVC 22349(a): Fighting a 65 MPH Highway Speeding Ticket
Short answer
Vehicle Code 22349(a) is the 65 mph maximum speed law: no person may drive faster than 65 mph on a highway, except where section 22356 allows 70.
On the Judicial Council's 2026 statewide schedule the total bail is $234 for 1 to 15 mph over, $363 for 16 to 25 over, and $486 for 26 or more over. It counts as one point on your DMV record. It is not a correctable violation, so there is no $25 route out of it.
What to do, by situation
| Your situation | What to do | What it costs | Authority |
|---|---|---|---|
| You want the conviction kept off your public record | What to do: Ask the court about traffic violator school. Eligibility depends on your record and the county, and the school fee can be reduced if you cannot pay the full amount. | What it costs: Total bail plus the school fee | Authority: VC 42007, your court's rules |
| The citation says 22349(a) but the road was posted below 65 | What to do: Check the code on the citation. Section 22349(a) is the 65 mph maximum, not a posted limit. A posted-limit case is usually VC 22350 or 22356, and the two are argued differently. | What it costs: Nothing to check | Authority: VC 22349, VC 22356 |
| You dispute the speed reading or the stop | What to do: Contest it. A trial by written declaration decides the case in writing with no appearance, and you can ask for a new trial in person if you lose. | What it costs: Total bail posted first, refunded if you win | Authority: VC 40902 (trial de novo) |
| You cannot afford the amount on the notice | What to do: Ask the court to lower the fine, allow monthly payments, or accept community service. MyCitations takes the request online in most counties. | What it costs: Free to ask | Authority: VC 42003, VC 40510.5 |
| You want it over with | What to do: Pay it. The conviction is reported to the DMV and the point stays on your record; traffic violator school is the route that keeps a conviction off your public record without contesting the ticket. | What it costs: $234, $363 or $486 by speed | Authority: 2026 Uniform Bail and Penalty Schedules |
Amounts are the statewide totals in the 2026 Uniform Bail and Penalty Schedules. Penal Code section 1463.28 allows 30 named counties to charge more, so check the schedule for the court on your citation.
Worth a defense in the third row
If your issue is the speed reading, the calibration, or what the officer could actually see, that argument belongs in a written declaration. If you only want to stop the point, traffic violator school is the cheaper route.
Start a written declaration
CVC 22349(a) is one of the most common traffic citations in California. If you've been ticketed for exceeding the 65 MPH highway speed limit, here's everything you need to know about fighting your ticket.
Understanding CVC 22349(a)
California Vehicle Code Section 22349(a) establishes the maximum speed limit on California highways:
"Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour."
This law applies to most freeways, expressways, and highways in California unless a different speed limit is posted (some sections allow 70 MPH under CVC 22356).
Fine Schedule for CVC 22349(a)
| Speed | Base Fine | Total Cost | Points |
|---|---|---|---|
| 66-80 MPH | $35 | ~$234 | 1 |
| 81-90 MPH | $70 | ~$363 | 1 |
| 91-99 MPH | $100 | ~$486 | 1 |
Note: Speeds of 100+ MPH are charged under CVC 22348(b) with more severe penalties.
How Speed is Measured
Officers typically use one of three methods to detect highway speeding. Radar uses radio waves to measure speed, but can be affected by interference from other vehicles, power lines, and weather conditions. LIDAR uses light pulses for more precise measurements, though it requires steady aim and can be affected by reflective surfaces. Finally, pacing involves the officer following at a consistent distance and matching your speed. The accuracy of this method depends entirely on maintaining exact distance.
Defense Strategies
Challenging the Speed Measurement
All speed detection devices require regular calibration and proper operation procedures. Your defense should request calibration records to verify the device was functioning correctly. Question whether the officer followed proper targeting procedures and identify any environmental factors that could have affected accuracy: heavy traffic, overpasses, large road signs, or electronic interference.
2. Mistaken Vehicle Identity
On busy highways, it's possible the officer clocked a different vehicle:
- Heavy traffic makes it harder to identify specific vehicles
- Radar can pick up the strongest signal, not necessarily your car
- Similar vehicles can be confused during pursuit
3. Speed Limit Signage Issues
Speed limits must be properly posted:
- Missing or obscured speed limit signs
- Confusing signage at transitions between speed zones
- Recent changes in posted limits not reflected in signage
Why Fight a CVC 22349(a) Ticket?
True Cost of Conviction
See the full 2026 California speeding ticket fine schedule for exact amounts by speed.
- Fine: $234-$486 (depending on speed)
- Insurance: set by your insurer, not by the court ($1,200-$3,000+)
- DMV point: Stays on record for 3 years
What Triggers CVC 22349(a)?
CVC 22349(a) is California's absolute maximum speed statute for divided freeways. Unlike CVC 22350 (the Basic Speed Law), which allows a “safe for conditions” defense, CVC 22349(a) is a strict-liability statute. Any speed above 65 mph (or 70 mph on sections posted under CVC 22356) is a violation regardless of road conditions, traffic density, or visibility.
The practical difference: if you were cited under CVC 22350 for driving “unsafely,” you can argue your speed was actually safe given the conditions. If cited under CVC 22349(a), the prosecution only needs to prove your speed exceeded 65 mph; no unsafe-conditions element is required. This is why challenging the speed measurement itself (radar calibration, CVC 40802 speed survey) is the most effective defense strategy for 22349(a) citations.
Penalties and Court Appearance: Standard vs. 100 MPH+
For standard CVC 22349(a) violations (65–99 mph), fines range from $234–$486 total and no court appearance is required, so you can fight by mail via Trial by Written Declaration. However, if your speed reached 100 mph or faster, the citation is typically charged under CVC 22348(b), which carries significantly different consequences:
| Factor | CVC 22349(a) (65–99 mph) | CVC 22348(b) (100+ mph) |
|---|---|---|
| Total Fine | $234–$486 | Not published |
| DMV Points | 1 point | 2 points |
| Court Appearance | Optional (TBWD available) | Mandatory (TBWD not available) |
| Vehicle Impound | No | Possible (CVC 22651) |
| 2nd Offense (5 yrs) | Increased fines | 30-day license suspension |
Defense Options When TBWD Is Not Available (100 MPH+ Cases)
If you're facing a mandatory court appearance for a 100+ mph citation under CVC 22348(b), Trial by Written Declaration is off the table, but you still have options:
- If the officer does not appear: At an in-person trial the prosecution has no witness without the citing officer, and courts commonly dismiss on that basis. You cannot schedule around an officer's calendar, so treat this as a possible outcome rather than a strategy.
- Radar calibration challenge (CVC 40802): File a California Public Records Act request for the device's calibration records and the engineering and traffic survey for the road. Expired or missing surveys make radar evidence inadmissible.
- GPS or dashcam evidence: GPS speed logs and dashcam footage showing your actual speed at the time can directly rebut the officer's radar reading.
- Attorney representation: For 100+ mph mandatory appearances, a traffic attorney can sometimes negotiate reduced charges (e.g., from CVC 22348(b) to CVC 22349(a)) to avoid the 2-point penalty and mandatory court requirement on future citations.
2026 Enforcement Update
As of 2026, CVC 22349(a) citations for speeds of 66–80 mph carry a minimum base fine of $35, rising to $70 for 81–90 mph and $100 for 91–99 mph. Total costs run $234–$486 after all mandatory penalty assessments. California courts do not publish how often officers file the declaration a written trial asks of them, so no reliable figure exists for CVC 22349(a) or any other section. If your citation is charged under CVC 22349(a) rather than CVC 22348(b), a written trial is available and is the cheapest way to contest it. See the full 2026 California speeding ticket fine schedule →
Fight Your Highway Speeding Ticket
TicketFight AI generates a full defense for CVC 22349(a) violations, challenging speed measurement accuracy and officer procedures. It costs $49, with a money-back guarantee if you don't win.
Start Your DefenseSources for this page
- Vehicle Code 42007 — the traffic violator school fee and reducing it for inability to pay
- Vehicle Code 42003 — the court considers ability to pay and may order monthly payments
- Vehicle Code 22349 — the 65 mph maximum in subdivision (a) and the 55 mph two-lane rule in subdivision (b)
- Vehicle Code 22356 — where 70 mph is allowed
- Judicial Council of California, Uniform Bail and Penalty Schedules, 2026 edition — $234, $363 and $486 total bail by speed, one point, and the 30 counties allowed to charge more; the statewide schedule, hosted by the Alameda County Superior Court
- Vehicle Code 40902 — which citations can be contested by written declaration
- California Courts: if you cannot afford your traffic ticket — lower fine, payment plan and community service requests
Checked against the sources above on September 6, 2026 by the TicketFight editorial team. No attorney has reviewed this page. Tell us about an error at support@ticketfight.ai and we will correct it or say why we disagree.
Common questions
Frequently asked questions
What is CVC 22349(a)?
CVC 22349(a) is California's maximum speed limit law for highways. It states that no person may drive faster than 65 miles per hour on any highway unless a different speed limit is posted. This applies to most freeways and expressways in California.
How much is a CVC 22349(a) ticket?
For going 1-15 mph over 65, expect around $234. For 16-25 mph over, around $363. For 26+ mph over, approximately $486. These amounts include county fees and assessments. You'll also receive 1 point on your license.
Can I fight a CVC 22349(a) highway speeding ticket?
Yes, you can fight a CVC 22349(a) ticket through Trial by Written Declaration. Common defenses include challenging radar/LIDAR accuracy, questioning the officer's training, disputing that you were the vehicle clocked, or proving the speed limit was improperly posted.
What's the difference between CVC 22349(a) and 22349(b)?
CVC 22349(a) sets the 65 MPH maximum speed limit for most California highways. CVC 22349(b) sets a 55 MPH limit for two-lane undivided highways. The penalties are similar, but they apply to different road types.
What is the exact fine for a CVC 22349(a) ticket in California?
CVC 22349(a) fines in California for 2026: going 1–15 mph over 65 mph totals approximately $234; 16–25 mph over totals approximately $363; 26+ mph over (91–99 mph) totals approximately $486. These amounts include the base fine plus all mandatory state and county penalty assessments. Speeds of 100+ mph are charged under CVC 22348(b) with higher fines and 2 DMV points.
Does CVC 22349(a) require a mandatory court appearance?
No. CVC 22349(a) is an infraction — not a misdemeanor — so you are not required to appear in court. You can fight the ticket entirely by mail using Trial by Written Declaration (Form TR-205) without a single court visit. Only CVC 22348(b) violations (100+ mph) trigger a mandatory court appearance in California.
What evidence can officers use to prove a CVC 22349(a) violation?
Officers typically rely on radar, LIDAR, or pacing to establish speed. Each method has legal requirements: radar and LIDAR devices must be calibrated at least every 6 months, and calibration records must be available for review. Officers must also demonstrate proper targeting procedures. If calibration records are missing, the device was misaimed, or another vehicle was clocked by mistake, the ticket can be successfully challenged through Trial by Written Declaration.
Can I fight a CVC 22349(a) ticket by mail?
Yes. For a standard CVC 22349(a) citation you can contest it entirely by mail with Trial by Written Declaration (form TR-205). A speed over 100 mph is charged under CVC 22348(b) instead, which is treated more seriously: many courts require a personal appearance for it, so read your notice to appear rather than assuming either way.
What is the fine for CVC 22349(a) in California 2026?
Under the 2026 schedule: 1 to 15 mph over the 65 mph limit totals about $234; 16 to 25 mph over totals about $363; 26 mph or more over totals about $486. These include the base fine plus the mandatory state and county penalty assessments. A speed over 100 mph is charged under CVC 22348(b) instead, at $896 with 2 DMV points.
What happens if I get a second CVC 22349(a) violation in California?
A second CVC 22349(a) conviction adds a second DMV point. Under CVC 12810.5 a driver is presumed a negligent operator at 4 points in 12 months, 6 in 24 months, or 8 in 36 months, and the DMV sends warning letters before reaching that threshold. Two 1-point convictions do not reach it on their own. There is no single premium increase that applies to every driver: insurers file their own rating plans and price a conviction differently. Ask your insurer or broker what this violation would do to your policy.