CVC 22349(a): How to Beat Maximum Speed Limit in California (TR-205 Filing Guide)

⚖️ How to Fight a CVC 22349 Speeding Ticket in California

Got a speeding ticket under CVC 22349(a) or 22349(b)? You don’t have to automatically pay it — California gives you the legal right to contest it without going to court.

This guide will walk you through:

• What this law means
• How much a ticket really costs
• Why most people overpay
• How to fight back with a Trial by Written Declaration (TR‑205)

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💡 Why This Matters

Most drivers just pay their ticket and move on — but that mistake can cost you $1,000–$2,000+ over time due to insurance hikes.

You have options.
California lets you submit a written defense by mail — no lawyer, no court appearance.

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🚨 Quick Breakdown of CVC 22349

Code	Applies To	Speed Limit	Fine (Approx.)	DMV Points	Can Be Fought?
22349(a)	Freeways / highways	65 MPH (unless posted higher)	$238–$490+	1	Yes – via TR-205
22349(b)	2-lane undivided highways	55 MPH	$238–$490+	1	Yes – via TR-205

DMV points stay on your record for 3 years
Insurance rates can rise 20–30%

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🧠 What Is the TR‑205?

Form TR‑205 is your legal right to fight a ticket by mail in California.

It’s called a Trial by Written Declaration — and it means:

• No court appearance required
• You submit your statement, evidence, and explanation by mail
• The judge makes a decision based on paperwork

If you win, you avoid fines, points, and insurance hikes.
If you lose, you can still request a new in-person trial.

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📄 Example Arguments That Work (If Applicable)

You might have a legitimate defense if:

• The speed limit signs were missing, obscured, or unclear
• You were cited on a highway but the officer referenced 22349(b)
• Your vehicle was misidentified
• The radar/lidar gun used was uncalibrated or outdated
• The officer’s notes contradict the conditions of the road

Note: Saying “I was just going with the flow of traffic” is not a valid legal defense.

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🧰 How to Prepare a TR‑205 Defense

To file your TR‑205 defense, you’ll need:

1. Form TR-205 filled out completely
2. A clear explanation of your case
3. Any supporting evidence (photos, diagrams, dashcam footage, etc.)
4. To submit it by your "Notice to Appear" date (30–60 days from ticket)

If you need help drafting the letter or making sense of the form, we've built a free tool for California drivers to simplify the process.

👉 Use the TR‑205 Generator

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📘 Free Resources

• Step-by-Step TR‑205 Guide – Walkthrough, tips, and example letters
• Full CVC 22349 Article – Deep dive into this law, enforcement, and case law

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📌 TL;DR – Should You Fight It?

If you were cited under CVC 22349, you’re not alone. It’s one of the most common citations in California.
You can fight it — and many drivers do successfully.

You don’t need a lawyer. You don’t need to go to court.
You just need a well-written defense.

👉 Start Your Defense