CVC 22349(b): Speed Over 55 MPH Two-Lane Highway Ticket

Understanding CVC 22349(b): Speed Over 55 MPH on Two-Lane Undivided Highways

What Is CVC 22349(b)?

California Vehicle Code Section 22349(b) establishes the maximum speed limit on two-lane undivided highways. Under this law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless a higher speed is posted.

This code section applies specifically to highways with one lane of travel in each direction and no physical barrier, median, or divider separating opposing traffic flows. The law exists primarily for safety reasons, as these roads present greater risks when vehicles travel at high speeds with oncoming traffic in close proximity.

What Counts as a Two-Lane Undivided Highway?

A two-lane undivided highway has specific characteristics. The road must have exactly one lane for traffic traveling in each direction. There cannot be a physical barrier, raised median, or other divider separating the opposing lanes of travel. A painted center line or double yellow line does not make a highway "divided" under this statute.

Many rural highways, mountain roads, and older state routes fall into this category. Some urban and suburban roads may also qualify if they meet these criteria. The key factor is the absence of physical separation between opposing traffic lanes.

Penalties and Fines for CVC 22349(b)

The base fine for violating CVC 22349(b) starts at $35 for speeds 1-15 mph over the limit. However, the actual amount you pay will be significantly higher due to mandatory assessments and fees added by the state and county.

With all assessments included, total fines typically range from $238 to over $500 depending on how fast you were traveling over 55 mph. The faster you were going, the higher the base fine and total penalty. Court costs, state penalty assessments, county fees, and other surcharges multiply the base fine several times over.

These fees fund various state programs including court operations, emergency medical services, and DNA identification programs. Every California traffic fine includes these mandatory additions.

DMV Points and Your Driving Record

A conviction under CVC 22349(b) adds one point to your California DMV driving record. This point remains on your record for 36 months from the violation date.

Accumulating points can have serious consequences. If you receive four points in 12 months, six points in 24 months, or eight points in 36 months, the DMV may suspend or revoke your driving privilege. Even before reaching these thresholds, points can trigger license suspension for drivers under 18 or those already on probation.

The DMV point appears on your driving record that insurance companies review. This visibility often leads to increased insurance premiums.

Insurance Rate Increases

Insurance companies regularly review driving records and typically raise rates after speeding convictions. A single speeding ticket can increase your premiums by 20% to 40% or more, depending on your insurer and driving history.

These increases often last for three to five years. Over that time, a single ticket could cost you hundreds or thousands of dollars in additional insurance premiums beyond the initial fine.

Some insurance companies offer accident forgiveness or similar programs that may limit rate increases for a first violation. Check your policy details or contact your agent to understand how a conviction might affect your specific rates.

Traffic School Eligibility

Traffic school offers a way to keep the conviction confidential from insurance companies. If you complete an approved traffic school course, the DMV masks the point from your public driving record. Insurance companies cannot see the conviction when they review your record.

To qualify for traffic school, you generally must:

• Hold a valid California driver's license
• Have a non-commercial violation
• Not have attended traffic school for another ticket within the past 18 months
• Not have been driving a commercial vehicle at the time
• Receive court approval

The court has discretion to grant or deny traffic school. You must request it, pay the full fine, pay a traffic school administrative fee (typically $50-65), and pay the traffic school course fee (typically $20-50). You must complete the course by the deadline the court provides.

Traffic school does not reduce the fine. It only prevents the point from being visible to insurance companies. The conviction still appears on your record for court and DMV purposes.

Trial by Written Declaration

California law allows you to contest your ticket by mail through a process called Trial by Written Declaration under CVC 40902. This option lets you fight the ticket without appearing in court in person.

You submit a written statement explaining your defense along with any supporting evidence. The officer submits their statement. A judge reviews both submissions and issues a written decision.

If you lose, you can request a new trial (trial de novo) and appear in court for an in-person hearing. This gives you two chances to contest the citation. You must pay the full bail amount when submitting your written declaration, but it is refunded if you win.

This process works well for people who cannot easily take time off work, live far from the courthouse, or prefer to present their case in writing.

What to Check on Your Citation

Carefully review your traffic citation for accuracy. Errors do not automatically invalidate a ticket, but significant mistakes may help your defense.

Check these details:

• The date, time, and exact location of the alleged violation
• The posted speed limit at that location (if any)
• The speed the officer claims you were traveling
• The vehicle description, license plate, and registration information
• Whether the location actually qualifies as a two-lane undivided highway
• The officer's name, badge number, and signature

Note whether the officer indicated the method used to determine your speed (radar, lidar, pacing, visual estimation). This information affects what evidence you can challenge.

Evidence to Gather

Building a strong defense requires collecting evidence as soon as possible after receiving the citation.

Consider gathering:

• Photographs of the location showing road configuration, lane markings, and any posted speed limit signs
• Photographs showing whether the highway has physical dividers or medians
• GPS coordinates and mapping data of the exact location
• Witness statements from passengers or others who observed the incident
• Speedometer calibration records if you believe your speed was different than alleged
• Documentation of traffic conditions, weather, or visibility at the time
• Maintenance and calibration records for the officer's speed detection equipment (obtained through discovery)

Take photos from multiple angles showing the full roadway. Document any higher speed limit signs if they exist. Photograph the area where the officer was positioned and where you were allegedly speeding.

Your Options Before Paying

Paying the fine is the same as pleading guilty. Before you pay, understand your options.

Option 1: Pay the fine. This results in a conviction, adds one point to your record, and may increase insurance rates. You can request traffic school when paying if eligible.

Option 2: Contest the ticket in court. You can plead not guilty and request a trial. You may appear in person or use Trial by Written Declaration. Fighting the ticket gives you a chance at dismissal or reduction.

Option 3: Request a reduction. Some courts allow you to meet with a prosecutor or commissioner to negotiate a reduction to a non-point violation or lower fine. This is not available in all counties.

Option 4: Hire an attorney. Traffic attorneys can appear on your behalf, negotiate with prosecutors, and present defenses. This costs money but may save you more in insurance increases and protect your driving record.

Do not ignore the ticket. Failing to respond by the deadline results in additional fines, a hold on your license, and possible arrest warrants.

Common Defenses to CVC 22349(b)

Several defenses may apply depending on your situation.

You might argue the road does not qualify as a two-lane undivided highway under the statute. If the road has more than one lane in either direction, or if it has a physical median or barrier, CVC 22349(b) does not apply.

You can challenge the accuracy of the speed detection method. Radar and lidar devices require regular calibration and proper operation. Officers must follow specific protocols. Calibration records and officer training certifications can be requested through discovery.

You might present evidence that a higher speed limit was posted at that location. If signs indicate a speed limit above 55 mph, the posted limit controls.

You could argue necessity or emergency if you exceeded the speed limit to avoid greater harm. This defense has strict requirements and rarely succeeds without compelling evidence.

Mistaken identity is another possible defense if the officer cited the wrong vehicle or driver.

The Court Process

If you choose to contest the ticket, understanding the process helps you prepare.

First, you enter a not guilty plea by the deadline on your citation. You can usually do this online, by mail, or in person. The court then schedules a trial date or allows you to submit a Trial by Written Declaration.

For written declarations, you submit your statement and evidence by mail with the bail amount. The court sends you a decision within 90 days typically.

For in-person trials, you appear before a judge. The officer must also appear. If the officer does not appear, the court typically dismisses the case. You can present evidence, call witnesses, and cross-examine the officer.

The prosecution must prove every element of the violation beyond a reasonable doubt. You have the right to remain silent and are not required to testify.

Impact on Commercial Drivers

If you hold a commercial driver's license (CDL), a CVC 22349(b) conviction has additional consequences. The violation adds points to both your regular and commercial driving records.

CDL holders face stricter point accumulation thresholds. Multiple violations can result in CDL suspension or revocation, affecting your livelihood.

CDL holders are generally not eligible for traffic school to mask points. Some exceptions may apply for violations in personal vehicles, but rules are complex.

Commercial drivers should strongly consider fighting the ticket or consulting with an attorney who understands CDL regulations.

Long-Term Consequences

Beyond immediate fines and points, a speeding conviction can have lasting effects.

Employers who require driving may review your record. Multiple violations could affect employment opportunities or current job status.

Future traffic stops may result in less leniency from officers who see prior speeding convictions on your record.

If you accumulate additional violations, penalties increase. A second or third speeding ticket within a short period leads to higher fines and greater risk of license suspension.

Young drivers under 18 face provisional license restrictions and lower point thresholds for suspension.

Frequently Asked Questions

Understanding common questions helps you make informed decisions about your citation.