CVC 22349(a): Fighting a 65 MPH Highway Speeding Ticket

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)

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 sources.

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?

What Triggers CVC 22349(a)?

CVC 22349(a) is California's absolute maximum speed statutefor 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 $238–$490 total and no court appearance is required — 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:

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:

• Continuance for officer absence: Request a hearing date when the issuing officer is likely unavailable. Officer no-shows at a court hearing result in automatic dismissal.
• 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 — with total costs of $238–$490 after all mandatory penalty assessments. Officer appearance rates in Trial by Written Declaration proceedings for CVC 22349(a) citations remain at 35–42% in most California counties, meaning the majority of TBWD filings result in automatic dismissal when the officer fails to respond. If your citation is charged under CVC 22349(a) (not CVC 22348(b)), TBWD is available and the most cost-effective defense option. See the full 2026 California speeding ticket fine schedule →