Receiving a speeding ticket under California Vehicle Code § 22349(a) can raise many questions. What exactly does the law prohibit? Is driving 70 MPH always illegal? How much is the ticket? Does a conviction add a point to your driving record? Can you attend traffic school? And what happens if you decide to contest the citation?
California’s speed laws can be confusing because different Vehicle Code sections apply to different roads and circumstances. Vehicle Code § 22349(a) establishes a maximum speed of 65 miles per hour on highways covered by the statute, subject to an important exception for highways where a 70 MPH maximum has been lawfully established under Vehicle Code § 22356.
This guide explains California Vehicle Code § 22349(a), discusses potential consequences of a conviction, and answers common questions about speeding over 65 MPH in California.
What Is California Vehicle Code § 22349(a)?
California Vehicle Code § 22349(a) establishes a maximum speed of 65 miles per hour on highways, except where Vehicle Code § 22356 permits a higher maximum speed.
In practical terms, if a highway is subject to the 65 MPH maximum, a driver generally cannot legally operate a vehicle at a speed greater than 65 MPH.
For example, if the applicable maximum speed is 65 MPH:
- Driving 65 MPH is not, by itself, a violation of § 22349(a).
- Driving 66 MPH exceeds the statutory maximum.
- Driving 70 MPH exceeds the statutory maximum unless a lawful 70 MPH maximum applies to that highway segment.
- Driving 80 MPH is also above a 65 MPH maximum and may result in a citation under the applicable speed law.
The exact speed limit applicable to the roadway is therefore important.
Is 65 MPH the Speed Limit on Every California Highway?
No.
California does not have one single speed limit that applies to every highway and roadway.
Vehicle Code § 22349(a) establishes the general 65 MPH maximum described above, but other provisions create different speed limits in particular circumstances.
One important example is Vehicle Code § 22349(b), which generally limits speeds to 55 MPH on two-lane, undivided highways, unless the highway or applicable portion has been lawfully posted for a higher speed following the statutory requirements.
There is also Vehicle Code § 22356, which allows certain qualifying state highway segments to have a 70 MPH maximum speed when the statutory requirements have been satisfied and appropriate signs have been installed.
Consequently, a driver should not assume that the number “65” automatically applies to every road in California.
Is Driving 70 MPH Illegal in California?
Not necessarily.
This is one of the most common questions about California Vehicle Code § 22349(a).
If a particular highway is subject to a 65 MPH maximum, driving 70 MPH can violate the applicable speed law.
However, Vehicle Code § 22356 provides a mechanism for establishing a 70 MPH maximum on qualifying state highway segments. When a lawful 70 MPH maximum has been established and posted, driving 70 MPH is not automatically a violation simply because § 22349(a) normally establishes a 65 MPH maximum.
For example, consider two different highway segments:
Highway A: The applicable maximum speed is 65 MPH. A driver traveling 70 MPH is exceeding the maximum.
Highway B: A lawful 70 MPH maximum has been established and posted. A driver traveling 70 MPH is not exceeding that posted maximum.
The location and applicable speed limit therefore matter.
What Does “Greater Than 65 MPH” Mean?
The language of § 22349(a) is significant because it prohibits a speed greater than 65 MPH.
In ordinary terms, “greater than 65” means a speed above 65.
Therefore, 65 MPH is not greater than 65 MPH.
A driver traveling exactly 65 MPH is not violating § 22349(a) merely because the roadway is subject to that 65 MPH maximum.
A driver traveling 66 MPH, however, is traveling faster than the statutory maximum if no higher lawful speed applies.
How Is § 22349(a) Different From California’s Basic Speed Law?
California has several laws governing vehicle speed, and Vehicle Code § 22349(a) should not be confused with the state’s basic speed law, Vehicle Code § 22350.
The basic speed law generally prohibits driving faster than is reasonable or prudent under the circumstances. It takes into account conditions such as traffic, weather, visibility, and the roadway.
This means a driver can potentially violate California’s basic speed law even when traveling below 65 MPH.
For example, suppose a driver is traveling 55 MPH during heavy rain on a roadway with significantly reduced visibility. Although 55 MPH is below 65 MPH, the circumstances could potentially make that speed unsafe under the basic speed law.
Section 22349(a), by comparison, establishes a specific maximum speed for the highways to which it applies, subject to the statutory exception for a lawfully established 70 MPH maximum.
These laws address different legal concepts, so the Vehicle Code section listed on a citation matters.
How Is § 22349(a) Different From § 22349(b)?
Vehicle Code §§ 22349(a) and 22349(b) address different speed limits.
Vehicle Code § 22349(a)
Section 22349(a) generally establishes a 65 MPH maximum on applicable highways, subject to the § 22356 exception.
Vehicle Code § 22349(b)
Section 22349(b) generally establishes a 55 MPH maximum on two-lane, undivided highways unless a higher speed has been lawfully posted under the statute.
A two-lane, undivided highway generally means a highway with no more than one through lane in each direction. Passing lanes are not counted when determining the number of through lanes for this particular provision.
This distinction is important because a driver traveling 60 MPH could potentially be within the § 22349(a) 65 MPH maximum but still exceed the 55 MPH maximum applicable under § 22349(b) if the roadway falls within that provision and no higher speed has been lawfully established.
How Is § 22349(a) Different From § 22348?
Vehicle Code § 22348 is another provision that addresses speed.
Section 22348(a) prohibits driving faster than a speed limit established under § 22349 or § 22356.
Section 22348(b), separately, addresses driving at more than 100 MPH and establishes additional consequences for that offense, including escalating fines and potential license suspension consequences for qualifying repeat violations.
This distinction matters because a routine allegation that a driver exceeded a 65 MPH maximum should not automatically be described as a “100 MPH speeding violation.”
For example, an allegation that someone drove 75 MPH on a highway with a 65 MPH maximum is fundamentally different from an allegation that someone drove more than 100 MPH.
Is a Violation of § 22349(a) a Misdemeanor?
A standard speeding violation under Vehicle Code § 22349(a) is generally an infraction, not a misdemeanor.
An infraction is a lower-level offense than a misdemeanor or felony. Nevertheless, a traffic infraction can still have financial and driving-record consequences.
The precise consequences can depend on the citation, the court, the driver’s record, and other circumstances.
How Much Is a § 22349(a) Speeding Ticket?
There is not necessarily one universal dollar amount that every driver will pay for a § 22349(a) citation.
California traffic penalties can include a base fine as well as additional assessments and other amounts imposed under applicable law.
The amount can also depend on how far above the applicable speed limit the alleged speed was.
For that reason, it is risky to rely on an outdated online chart or assume that every California court will provide the same total amount.
The citation and the court handling the case are the best places to determine the amount currently associated with a particular case.
How Many DMV Points Does a § 22349(a) Ticket Carry?
A conviction for a standard § 22349(a) speeding violation is generally treated as a one-point traffic violation for California DMV purposes.
A single point does not automatically mean that a person’s driver’s license will be suspended.
California’s negligent-operator system considers the driver’s total point accumulation. For adult drivers, the DMV generally identifies the following thresholds for negligent-operator action:
- 4 points within 12 months
- 6 points within 24 months
- 8 points within 36 months
The consequences can be different for provisional drivers, commercial drivers, and people with other special circumstances.
The important point is that a speeding conviction can become more significant when combined with other traffic violations or collisions.
Can a § 22349(a) Conviction Affect Insurance?
It can.
A moving-violation conviction may be reported to the DMV and become part of a driver’s record. Insurance companies may consider a person’s driving history when determining premiums or eligibility.
The impact is not necessarily identical for every driver.
Factors such as the driver’s existing record, insurance company, policy, and other circumstances can affect what happens to insurance costs.
Therefore, it is more accurate to say that a § 22349(a) conviction may affect insurance rather than claiming that every conviction will automatically cause a specific increase.
Can You Attend Traffic School for a § 22349(a) Ticket?
Traffic school may be available for an eligible driver, but it is not automatic.
California DMV information explains that when a driver receives a qualifying one-point traffic violation, a judge may allow the driver to attend a traffic violator school. When the applicable requirements are satisfied, the conviction generally remains on the driving record but is handled in a way that prevents the eligible conviction from being reported to the driver’s insurance company.
The DMV also explains that traffic school is generally available only once within an 18-month period, subject to the applicable rules.
Whether a particular § 22349(a) citation qualifies depends on the circumstances and court requirements.
Drivers should therefore check the court’s instructions rather than assuming traffic school will be available.
What Happens After Receiving a § 22349(a) Ticket?
Receiving a citation does not necessarily mean that the case has resulted in a conviction.
A driver generally needs to review the citation and determine what action the court requires.
Important information can include:
- The Vehicle Code section listed on the citation.
- The alleged speed.
- The location of the alleged violation.
- The applicable speed limit.
- The court handling the citation.
- The appearance or response deadline.
- Whether traffic school is available.
- Whether the driver intends to contest the citation.
A driver should not simply ignore the citation.
Failing to appear or otherwise failing to comply with court requirements can create additional consequences, including potential effects on driving privileges.
Can You Fight a § 22349(a) Speeding Ticket?
A driver may have the option to contest a speeding citation.
Whether contesting a citation makes sense depends on the facts and evidence in the individual case.
Potential issues can include the following.
The Applicable Speed Limit
One important question is whether the 65 MPH maximum under § 22349(a) actually applied at the location.
For example, a highway segment may have a lawfully established 70 MPH maximum under § 22356.
The Alleged Speed
The alleged speed can also be significant.
Evidence regarding the vehicle’s speed may come from different sources depending on the circumstances. The reliability and admissibility of particular evidence can become relevant in a contested case.
The Roadway
The characteristics of the roadway can matter.
A two-lane, undivided highway may fall under the separate 55 MPH rule in § 22349(b), while a qualifying state highway segment may have a lawful 70 MPH maximum under § 22356.
The Evidence
A traffic case can involve an officer’s observations, speed-measuring equipment, records, testimony, or other evidence.
The significance of that evidence depends on the circumstances of the particular case.
Does the Officer Have to Prove You Were Speeding?
If a driver contests the citation, the government must establish the alleged infraction under the applicable legal standards.
The particular evidence used in a speeding case can vary.
Depending on the circumstances, a case may involve evidence concerning the officer’s observations, the method used to determine speed, roadway conditions, applicable speed limits, or other facts.
The fact that a driver disagrees with the alleged speed does not automatically establish that the citation is invalid. Likewise, receiving a citation does not by itself establish that every factual or legal issue has been conclusively decided.
Is Driving 80 MPH in California Automatically a Felony?
No.
Driving 80 MPH does not automatically make a person guilty of a felony.
If the applicable maximum is 65 MPH, traveling 80 MPH can potentially result in a speeding citation. However, the legal classification and consequences depend on the specific Vehicle Code provisions involved and the circumstances.
California has a separate provision concerning speeds above 100 MPH, and other conduct—such as reckless driving or certain forms of dangerous driving—can involve different laws.
Therefore, it is inaccurate to say that every driver caught traveling 80 MPH has committed a felony.
What Happens if You Are Caught Driving Over 100 MPH?
California treats driving at more than 100 MPH differently from an ordinary § 22349(a) speeding allegation.
Vehicle Code § 22348(b) specifically addresses speeds greater than 100 MPH.
The statute provides different consequences depending on whether it is a first qualifying conviction or whether the offense occurs within specified periods following prior convictions. Potential consequences include increased fines and driver’s-license suspension provisions.
This is one reason it is important to identify the exact Vehicle Code section charged rather than relying solely on the general description of “speeding.”
Does a Speeding Ticket Automatically Suspend Your License?
A standard § 22349(a) conviction does not automatically mean that the driver’s license will be suspended.
California’s DMV uses a point-based system to identify negligent operators, and accumulated points can result in probation, suspension, or revocation proceedings.
Separate laws can impose different consequences for particularly serious speeding violations, including violations involving speeds above 100 MPH.
Therefore, the consequences of one speeding citation should be distinguished from the consequences of multiple convictions or more serious speed-related offenses.
What if You Already Have Points on Your Driving Record?
Existing points can make a new speeding conviction more consequential.
For example, a driver who has no prior points may view a one-point conviction very differently from a driver who is already approaching one of California’s negligent-operator thresholds.
The DMV considers a driver’s overall record when taking administrative action.
If you are concerned about your driving record, it may be useful to review the information associated with your DMV record and understand the consequences that could follow from another conviction.
Common Questions About California Vehicle Code § 22349(a)
What is CVC 22349(a)?
CVC § 22349(a) generally establishes a 65 MPH maximum speed on applicable California highways, subject to the exception for highways where a 70 MPH maximum has been lawfully established under § 22356.
Is 66 MPH illegal in California?
If the roadway is subject to a 65 MPH maximum under § 22349(a), traveling 66 MPH exceeds that maximum and can result in a speeding citation.
Is 65 MPH legal under § 22349(a)?
Section 22349(a) prohibits driving at a speed greater than 65 MPH. Therefore, traveling exactly 65 MPH does not exceed the 65 MPH maximum established by that provision. Other speed laws can apply depending on the roadway and circumstances.
Is 70 MPH legal in California?
It depends on the highway. A 70 MPH maximum can be lawfully established on qualifying state highway segments under § 22356. On a highway where the applicable maximum is 65 MPH, however, 70 MPH exceeds the maximum.
Is a § 22349(a) violation a misdemeanor?
A standard violation of § 22349(a) is generally an infraction.
How many points is a § 22349(a) ticket?
A standard conviction is generally a one-point traffic violation for DMV purposes.
Can I go to traffic school after receiving a § 22349(a) ticket?
Possibly. A qualifying driver may be offered traffic school by the court, subject to applicable eligibility requirements and limitations.
Will a § 22349(a) ticket increase my insurance?
It may. A conviction can affect a driver’s record, and insurers may consider driving history when determining premiums and eligibility. The effect varies by driver and insurer.
Is § 22349(a) the same as speeding over 100 MPH?
No. California Vehicle Code § 22348(b) specifically addresses driving faster than 100 MPH and provides separate consequences.
What is the difference between § 22349(a) and § 22350?
Section 22349(a) establishes a maximum speed on applicable highways. Section 22350 is California’s basic speed law, which focuses on whether the speed is reasonable and prudent under the circumstances.
Can I contest a § 22349(a) ticket?
A person generally has the right to contest a traffic infraction, subject to applicable court procedures and deadlines. Whether there are viable issues in a particular case depends on the facts and evidence.
Key Takeaways
California Vehicle Code § 22349(a) is the state’s general 65 MPH maximum-speed provision for applicable highways, but it does not mean that every California roadway has a 65 MPH limit.
The most important points are:
- Driving greater than 65 MPH can violate § 22349(a) when that provision’s 65 MPH maximum applies.
- 65 MPH itself is not greater than 65 MPH.
- Some qualifying highway segments can have a lawful 70 MPH maximum under § 22356.
- Certain two-lane, undivided highways are generally subject to a 55 MPH maximum under § 22349(b), unless a higher speed is lawfully posted.
- A standard § 22349(a) violation is generally an infraction.
- A conviction is generally a one-point DMV violation.
- Traffic school may be available to eligible drivers, but eligibility is not automatic.
- A speeding conviction may affect insurance, although the effect varies.
- California has separate rules and penalties for driving over 100 MPH.
- The specific citation, roadway, applicable speed limit, alleged speed, evidence, and driver’s record can all matter.
Final Thoughts
California Vehicle Code § 22349(a) establishes a 65 MPH maximum speed on applicable highways, while other California speed laws apply in different situations. The applicable speed limit can depend on the type of roadway and whether a different maximum speed has been lawfully established.
Understanding the specific Vehicle Code section listed on a citation, the applicable speed limit, and the potential consequences of a conviction can help drivers understand their legal options.
Contact Southwest Legal
If you have received a citation alleging a violation of California Vehicle Code § 22349(a), carefully review the citation and court deadlines. You may also consider obtaining qualified legal information about the options available in your situation.
Southwest Legal is available to help you understand the legal process surrounding California traffic citations. Contact us today for a free consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. No attorney-client relationship is formed unless and until the firm and client enter into an agreement for legal services. Laws may change, and legal outcomes depend on the specific facts of each case. Consult a qualified attorney for advice regarding your situation.