CVC 22349(a): How to Beat Maximum Speed Limit in California (TR-205 Filing Guide)
Exceeding the posted maximum speed limit
Written by
Violation category
Speeding
Base fine
$100
Estimated total cost
Includes court fees and assessments
DMV points
1 point
What is California Vehicle Code CVC 22349(a)?
Exceeding the posted maximum speed limit
Fine breakdown for CVC 22349(a)
| Category | Estimated amount |
|---|---|
| Base fine | $100 |
| Court & county surcharges (estimate) | $380 |
| Total estimated out-of-pocket | $480 |
County fees can multiply the base fine by 3–5x. ClerkHero confirms exact totals using your ticket details.
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)
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.
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%
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.
📄 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- The radar/lidar gun used was uncalibrated or outdated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.
How to Prepare a TR‑205 Defense
To file your TR‑205 defense, you’ll need:
- Form TR-205 filled out completely
- A clear explanation of your case
- Any supporting evidence (photos, diagrams, dashcam footage, etc.)
- 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.
📘 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
📌 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.
Related Guides
Speeding Tickets in California: Cost, Points, and How to Beat It (2026 Guide)
How much is a speeding ticket in California? Learn the real cost, DMV points, insurance impact, and how to beat your ticket without going to court.
How to Beat a Speeding Ticket in California (2026 Guide)
You can beat a speeding ticket in California without going to court. Learn how Trial by Written Declaration works—and how to dismiss your ticket with ClerkHero.
We can help fight your ticket CVC 22349(a) online
ClerkHero builds your entire TR-205 defense packet automatically. No lawyer. No court visit. No confusing forms. Just upload your ticket and we handle the rest.
Step 1
Upload your ticket
We extract all violation details using hybrid OCR and AI. Works for handwritten, camera, and printed citations.
Step 2
We generate your defense
You answer a few questions. We craft a TR-205 defense letter tailored to this exact violation code.
Step 3
Sign, mail, and track
You receive a complete filing packet with step-by-step instructions. Never miss a deadline again.
Frequently asked questions about CVC 22349(a)
How much is the fine for a CVC 22349(a) violation?
The base fine is $35–$100 depending on your speed, but total costs including fees usually range from $238 to over $490.
Will I get points on my record for a CVC 22349 ticket?
Yes, 1 DMV point stays on your record for 3 years and may raise your insurance.
Can I fight a speeding ticket without going to court?
Yes. California allows you to fight most tickets using a written defense (TR-205) by mail.
What if I was only going 1–5 mph over the limit?
You can still be cited under CVC 22349(a). Officers have discretion, and any speed over the limit can legally qualify.
Does driving with traffic flow count as a defense?
No. “Everyone else was speeding” is not a legal defense in California.
Can I use cruise control malfunction as a defense against a CVC 22349 citation?
Usually not. You're legally responsible for maintaining control of your vehicle regardless of cruise control.
How long do I have to file a Trial by Written Declaration after receiving my ticket?
You must file by the "Notice to Appear" date listed on your citation — typically 30–60 days from issue.