Speeding Tickets under CVC 22349(a) in California

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A CVC 22349(a) speeding ticket alleges that you drove faster than California’s 65 mph maximum speed limit on a highway that is not posted for 70 mph. Although the charge is an infraction, a conviction can result in fines, a DMV point, and increased insurance premiums.

Adam Cohen and the San Francisco speeding ticket attorneys at Ticket Crushers, A Law Corporation defend drivers cited under California’s Maximum Speed Limit Law and appear in traffic courts throughout the region. With prices starting at $149 and roughly 60% of citations dismissed, our firm provides affordable representation for drivers throughout California.

This page explains what Section 22349(a) prohibits, how it differs from the other California speed statutes, how officers measure speed, what a conviction costs in fines and DMV points, the defenses available to you, and how traffic court in San Francisco works. Call Ticket Crushers, A Law Corporation at (628) 203-1868 to schedule a consultation.

Ticket at a Glance. CVC 22349(a) is a one-point infraction. A conviction adds 1 DMV point to the driving record, reported for three years. Base fines range from $35 to $100 depending on the alleged speed over 65 mph, with total bail from $238 to $490. Eligible noncommercial drivers may attend traffic school once every 18 months to keep the point confidential from insurers, provided the alleged speed is not more than 25 mph over the limit.

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What Is a CVC 22349(a) Speeding Ticket in California?

A CVC 22349(a) ticket alleges that a driver exceeded California’s statutory 65 mph maximum speed on a highway. Under Section 22349(a), no person should drive faster than 65 mph unless the roadway has been posted for a 70 mph maximum under Section 22356. That higher limit applies only on qualifying state highway segments designated by Caltrans with the approval of the California Highway Patrol.

Section 22349(a) is not limited to freeways. The California Vehicle Code defines a “highway” to include any publicly maintained street that is open to public vehicular travel. As a result, a driver traveling faster than 65 mph on a city street can also receive a citation under Section 22349(a), although other California speeding laws apply when a lower statutory or posted speed limit governs the roadway.

If you received a citation under CVC 22349(a), Ticket Crushers, A Law Corporation can review the facts of your case, explain your options, and determine the best approach for responding to the ticket. Call (628) 203-1868 today to schedule a free consultation with a San Francisco speeding ticket attorney.

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How CVC 22349(a) Differs From CVC 22349(b) and CVC 22350

California has several speeding laws, and each addresses a different type of violation. Section 22349(a) establishes the 65 mph maximum speed limit on highways unless a roadway has been posted for 70 mph under Section 22356. Section 22349(b) sets a separate 55 mph limit for certain two-lane, undivided highways, while Section 22350 is California’s Basic Speed Law, which prohibits driving faster than is reasonable or prudent for existing road, traffic, and weather conditions.

Statute	What It Prohibits	How It Is Proven
CVC 22349(a)	Driving over 65 mph on any highway not posted for 70 mph	Absolute limit; proof that the driver exceeded 65 mph
CVC 22349(b)	Driving over 55 mph on a two-lane, undivided highway not posted higher	Absolute limit; the highway must be undivided and have no more than one through lane in each direction
CVC 22350	Driving faster than is reasonable or prudent for conditions	The prosecution must prove the speed was unreasonable or unsafe under the existing conditions

A citation under the wrong Vehicle Code section can affect the defenses available in your case. Call Ticket Crushers, A Law Corporation at (628) 203-1868 to discuss your speeding ticket with a San Francisco attorney before your court date.

Personally, I had a good experience. They solved my case pretty quick. I know the holidays got in the way my case was from last year around November from correct but they were able to get it done and no points. No tickets. Nothing owed. Thank you guys

Hector Rosales

Wow! These folks are impressive. They invisibly took care of my Traffic Ticket. A very pleasant experience dealing with them. There was a change of date for court appearance and I didn’t have to bother them. When the ticket was settled, they informed me and all was taken care of! Happy ending for me.

Parag Kulkarni

How Officers Measure Speed in CVC 22349(a) Cases

Officers use several methods to measure speed in CVC 22349(a) cases, including radar, lidar, pacing, and visual estimation. Each method has different legal and evidentiary requirements that can affect how a speeding citation is challenged.

Radar and Lidar Speed Detection

Radar and lidar are among the most common technologies used to enforce California’s maximum speed laws. California’s speed-trap statutes impose specific requirements for certain cases involving electronic speed-measuring devices, including officer training and equipment standards.

Relevant issues include the officer’s completion of the required POST-approved training, the device’s compliance with applicable operational standards, independent calibration within the required period, and proper identification of the targeted vehicle. Factors such as distance, angle, surrounding traffic, and the manner in which the device was operated can also affect the reliability of the speed measurement.

Pacing and Visual Estimation by Officers

Pacing involves an officer following a vehicle at what the officer believes is a constant distance while comparing the patrol vehicle’s speedometer to the driver’s speed. The reliability of this method depends on the length of the pace, a consistent distance between the vehicles, the accuracy of the patrol vehicle’s speedometer, and the absence of traffic, curves, or other conditions that interfere with the officer’s observation.

Visual estimation relies on an officer’s observation rather than an electronic device. Officers receive training and periodic testing in visual speed estimation, but the accuracy of that estimate still depends on the officer’s vantage point, distance, lighting, traffic conditions, and ability to distinguish the cited vehicle from surrounding traffic.

Key Takeaway: Every method used to measure speed has different legal and evidentiary requirements. Identifying how your speed was measured is often one of the first steps in determining whether the evidence supporting a CVC 22349(a) citation can be challenged.

Every speeding case turns on its own facts, the available evidence, and the applicable California law. Contact Ticket Crushers, A Law Corporation at (628) 203-1868 for a free consultation about your CVC 22349(a) citation.

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Fines, DMV Points, and Insurance Impact for a 22349(a) Ticket

A standard CVC 22349(a) violation is an infraction and does not carry jail time. Under the 2026 California Uniform Bail and Penalty Schedule, the standard base fine and total bail depend on how far the alleged speed exceeded 65 mph.

Alleged Speed Over 65 MPH	Base Fine	Standard Total Bail	DMV Points
1 to 15 mph over	$35	$238	1
16 to 25 mph over	$70	$367	1
26 mph or more over	$100	$490	1

Drivers accused of traveling more than 100 mph can face additional penalties under California Vehicle Code Section 22348(b), which carries substantially higher fines and other consequences than a standard CVC 22349(a) citation.

Failure to appear or resolve the citation by the due date may result in a $100 civil assessment and referral of the delinquent amount to collections. A Department of Motor Vehicles (DMV) suspension based on failure to appear requires a court finding that the driver willfully failed to appear. Failure to pay a traffic fine by itself does not authorize DMV to suspend or withhold a driver’s license.

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San Francisco Speeding Ticket Defense - Ticket Crushers, A Law Corporation

Adam Cohen, Esq.

Adam Cohen is the founder and Managing Partner of Ticket Crushers, A Law Corporation, where he represents drivers facing speeding tickets and other California traffic violations. He helps clients challenge citations, protect their driving records, and minimize the consequences of moving violations, including DMV points and increased insurance premiums. Adam regularly appears in traffic courts throughout Northern and Southern California and has built Ticket Crushers into California’s largest traffic and DUI defense firm.

Before founding Ticket Crushers, Adam interned with the Los Angeles County District Attorney’s Office felony unit, where he became one of the only interns to first-chair a felony trial. He later served in the Miami-Dade State Attorney’s Office before dedicating his career to defending individuals charged with criminal and traffic offenses. Adam earned his J.D. from Loyola Law School, Loyola Marymount University, and is admitted to practice law in California and Florida.

Common Defenses to a CVC 22349(a) Citation

A successful defense to a CVC 22349(a) citation depends on the facts of the stop and the evidence supporting the alleged speed. The roadway, the method used to measure speed, and the records available to the prosecution all play a role in determining which legal arguments apply.

Challenging the Roadway Classification

The roadway and the applicable statutory speed limit must match the subsection charged. A segment lawfully posted at 70 mph is governed by Section 22356, while a qualifying two-lane, undivided highway falls under the 55 mph limit in Section 22349(b). Photographs, posted signs, roadway maps, and Caltrans records can help establish which statutory speed limit applied at the location where the citation was issued.

Equipment Calibration and Certification Defenses

Depending on the enforcement method and California’s speed-trap laws, relevant records include proof of the officer’s training, the device’s calibration history, maintenance or testing records, and documentation showing how the equipment was operated. Incomplete, outdated, or inconsistent records can affect the admissibility or reliability of the speed measurement, making them an important part of the defense.

Challenging the Prosecution’s Evidence

The prosecution has the burden of proving that the driver exceeded the applicable speed limit. That evidence can include the officer’s testimony, the traffic citation, radar or lidar records, pacing observations, photographs, or other documentation. Reviewing those materials for inconsistencies, omissions, or factual errors can reveal weaknesses that affect the prosecution’s ability to establish a violation beyond the required standard.

The right defense depends on the specific facts of your case and the statute under which you were cited. Call Ticket Crushers, A Law Corporation at (628) 203-1868 to speak with a San Francisco speeding ticket attorney about your CVC 22349(a) citation.

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What to Expect in San Francisco Traffic Court

If you contest a CVC 22349(a) citation in San Francisco, your case will be handled by the Traffic Division of the Superior Court of California, County of San Francisco. After a citation is issued, the court mails a Reminder Notice to the address listed on the ticket, usually within 21 days. The notice includes the bail amount, payment deadline, and information about your available options, including traffic school and contesting the citation.

You remain responsible for responding by the date listed on the Notice to Appear even if the Reminder Notice does not arrive. The Civic Center Courthouse at 400 McAllister Street, Room 103, handles both traffic window services and courtroom proceedings. Traffic Court proceedings are held in Department 218 on the second floor of the Civic Center Courthouse.

If your case proceeds to court, you may enter a plea of guilty, no contest, or not guilty. A guilty or no contest plea resolves the case by accepting responsibility for the citation, while a not guilty plea allows you to challenge the charge at trial. Failing to respond by the required deadline can result in additional financial penalties and other consequences imposed by the court.

Key Takeaway: Every CVC 22349(a) citation is subject to court deadlines, even if you do not receive a Reminder Notice. Responding on time preserves your ability to contest the citation, request traffic school if eligible, or resolve the case through another available option.

If you are unsure how to respond to your speeding ticket or what to expect in San Francisco Traffic Court, Ticket Crushers, A Law Corporation can guide you through the process from start to finish. Call (628) 203-1868 today to schedule a free consultation.

Trial by Written Declaration and Other Options in California

California provides several ways to resolve an eligible speeding citation, including contesting the ticket without appearing in court. One option is a trial by written declaration, which allows both the driver and the citing officer to submit written statements and supporting evidence for review by a judicial officer. The required bail must be deposited when the request is submitted. If the court dismisses the citation or finds the driver not guilty, the bail is refunded.

If the court rules against the driver in a trial by written declaration, California law provides another opportunity to contest the citation through a trial de novo. This process allows the case to be heard again in person before a judicial officer. The California Judicial Council publishes the forms and instructions required for both the written declaration process and a trial de novo request.

Traffic school is another option for eligible drivers cited for a one-point moving violation. In San Francisco, eligibility typically requires a valid California driver’s license, no traffic school attendance for a citation issued within the previous 18 months, and an alleged speed of no more than 25 mph above the applicable limit. Eligible drivers must pay the bail amount, a $52 administrative fee, and the traffic school’s tuition. After successful completion, the conviction remains confidential, and no DMV point is assessed for eligible noncommercial drivers. Different rules apply to commercial driver’s license holders.

Choosing between a trial by written declaration, a trial de novo, traffic school, or another course of action can affect both the outcome of your case and your driving record. Call Ticket Crushers, A Law Corporation at (628) 203-1868 to discuss your options before responding to your citation.

Legal Representation

Speak With a San Francisco Speeding Ticket Attorney

A CVC 22349(a) speeding ticket involves more than paying a fine. The circumstances of the stop, the method used to measure speed, and the evidence supporting the citation can all affect the options available for resolving the case.

Adam Cohen and the attorneys at Ticket Crushers, A Law Corporation handle CVC 22349(a) cases from the first phone call through the final disposition. We pull the enforcement records, evaluate the roadway classification, decide whether a written declaration or a contested hearing fits your case, and appear on your behalf in traffic court whenever California law permits.

Call (628) 203-1868 to schedule your free consultation, or visit our office at 350 Rhode Island St #240, San Francisco, CA 94103. We represent drivers throughout San Francisco, San Jose, Los Angeles, Sacramento, and the wider Bay Area.

Additional Resources

General Information after a DUI Arrest in California

Visit the website of the California Department of Motor Vehicles (DMV) to find out general information about a DUI arrest and prosecution in the State of California. Find out more about the automatic administrative suspension or revocation of your driver’s license triggered by a DUI arrest even before your first court date. Learn more about the order of suspension, temporary license, and ten (10) days to request an administrative hearing. Learn why the DMV suspension or revocation for the DUI arrest is different from the suspension or revocation following a conviction in criminal court for DUI. You can also find information on DUI statistics in California.

DMV Office

Visit the website of the California Department of Motor Vehicles (DMV) to find the address for the local California DMV Office. You can call the office at (800) 777-0133. The normal office hours are from 8:00 a.m. until 5:00 p.m.

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Frequently Asked Questions

What does CVC 22349(a) mean?

CVC 22349(a) is California’s maximum speed limit law. It states that, except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour. Section 22356 allows a posted 70 mph maximum on specific segments.

Is a CVC 22349(a) ticket a misdemeanor or an infraction?

A standard 22349(a) speeding citation is an infraction, which requires payment of fines and carries no potential jail or prison time. Separate charges, such as reckless driving, are treated differently and can carry misdemeanor exposure.

How many points is a 22349(a) speeding ticket in California?

A conviction for a moving violation like this typically adds one point to your California driving record. Accumulating four points in 12 months, six in 24 months, or eight in 36 months may lead the DMV to treat a driver as a negligent operator, which can result in license action.

Can I fight a radar or lidar speeding ticket?

Yes. Depending on the circumstances, possible challenges may involve the officer’s training, the device’s calibration and operational compliance, identification of the cited vehicle, or the conditions under which the measurement was taken. The relevance of each issue depends on the enforcement method and the available evidence.

Will a CVC 22349(a) ticket raise my insurance rates?

A conviction for a CVC 22349(a) violation can increase insurance premiums because it places a DMV point on your driving record. Eligible noncommercial drivers who successfully complete traffic school can keep the conviction confidential and avoid the DMV point.