CVC 22349(a) Speeding Ticket: Cost, Point & Options

What Is CVC 22349(a)?

California Vehicle Code Section 22349(a) sets the maximum speed limit at 65 mph on highways and freeways unless signs post a different limit. If you were driving faster than 65 mph on a road where no higher speed is posted, an officer can cite you under this code.

This is not the same as CVC 22349(b), which applies to two-lane undivided highways with a 55 mph limit. Make sure the code on your citation matches the road type where you were stopped.

How Much Will This Ticket Cost?

The base fine for CVC 22349(a) starts around $35 but increases with your speed. However, the base fine is only part of what you pay. California adds mandatory court fees, assessments, and surcharges that can multiply the total by four or more.

Typical total costs range from $238 to over $490. If you were significantly over the limit, the fine may be higher. Check your citation for the exact amount due or contact the court listed on your ticket.

Paying the fine is the same as pleading guilty. You will receive 1 DMV point and your insurance company will likely be notified.

DMV Points and Your Driving Record

A conviction under CVC 22349(a) adds 1 point to your California driving record. That point remains visible for 3 years. If you accumulate 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months, your license may be suspended.

One point alone will not suspend your license, but it can still affect you. Insurance companies check your driving record and often raise rates after a speeding conviction. The increase can last for several years and cost you hundreds or thousands of dollars over time.

Insurance Rate Increases

Most insurance companies treat a speeding ticket as a risk factor. Even a single violation can raise your premium by 20% to 30% or more. The increase depends on your insurer, your driving history, and how fast you were going.

Some drivers see their rates go up immediately at renewal. Others may not notice the change until the next policy period. Either way, the financial impact of a conviction often exceeds the ticket fine itself.

If you complete traffic school and your insurer allows it, you may be able to avoid the rate hike. But traffic school is not automatic. You must request it and meet eligibility requirements.

Is Traffic School an Option?

California allows eligible drivers to attend traffic school to keep the conviction confidential from insurance companies. If you complete an approved course, the DMV will not assign a point that insurers can see. However, the court and DMV still record the conviction.

You are generally eligible for traffic school if:

• You have a valid California driver license
• The violation occurred in a non-commercial vehicle
• Your ticket is for an infraction, not a misdemeanor
• You have not attended traffic school for another ticket in the past 18 months

You must request permission from the court. There is a fee for traffic school in addition to your fine. You also need to complete the course by the deadline the court gives you. If you fail to finish on time, you may lose the benefit and still have the point reported.

Traffic school does not erase the ticket. It only masks the point from your insurance company. If you want to avoid a conviction entirely, you need to contest the citation.

Your Legal Options Before Paying

Paying your ticket is not your only choice. California law gives you the right to contest any traffic citation. You can fight the ticket in court or by mail. Many drivers do not realize they can defend themselves without hiring a lawyer.

Your main options are:

1. Pay the fine and accept the conviction, point, and insurance consequences.
2. Request traffic school to mask the point (if eligible).
3. Contest the ticket in court by appearing for a trial.
4. Contest the ticket by mail using a Trial by Written Declaration.

If you choose to fight the ticket, you should act quickly. You have a limited time to respond, usually between 30 and 60 days from the date on your citation.

What Is a Trial by Written Declaration?

A Trial by Written Declaration (TBWD) allows you to contest your ticket without going to court. You submit a written statement, evidence, and your version of events by mail. The officer does the same. A judge reviews both sides and issues a decision.

This process is authorized by CVC 40902. You fill out form TR-205, pay bail (which is refunded if you win), and mail everything to the court by the deadline.

If the judge finds you not guilty, the case is dismissed. You get your bail back, no point is added, and your insurance is not affected. If the judge finds you guilty, you can still request a new trial in person. This gives you two chances to fight the ticket.

Many drivers prefer TBWD because it saves time and does not require taking off work or arranging childcare. It also allows you to carefully organize your defense and present it in writing.

What to Check on Your Citation

Before you decide how to respond, review your citation carefully. Errors or missing information can help your case. Look for:

• The correct vehicle code section (it should say 22349(a), not 22349(b) or another code)
• The posted speed limit and your alleged speed
• The location and time of the stop
• The officer's name, badge number, and agency
• The court location and appearance deadline
• Any notes or diagrams the officer made

If the citation lists the wrong code, wrong location, or wrong vehicle, that may support your defense. If the officer wrote that the speed limit was 55 mph but cited you under 22349(a), that is a potential error.

Also check whether the road actually had a posted limit higher than 65 mph. Some California freeways have 70 mph zones. If you were in one of those areas and going under 70 mph, you should not have been cited under 22349(a).

What Evidence to Gather

If you plan to contest the ticket, collect evidence as soon as possible. Useful evidence may include:

• Photos of the location showing speed limit signs, road conditions, and visibility
• Dashcam or phone video from the time of the stop
• GPS or mapping data showing your route and speed
• Witness statements from passengers or others who saw the stop
• Maintenance records for your speedometer if you believe it was inaccurate
• Weather or traffic reports if conditions affected your driving

If the officer used radar or lidar, you may be able to request calibration records and training logs through discovery. These documents can reveal whether the equipment was properly maintained and whether the officer was certified to use it.

Take photos soon after you receive the ticket. Road conditions and signage can change over time. If a sign was missing, faded, or blocked by trees, document it while the evidence is fresh.

Common Defenses to CVC 22349(a)

Not every defense will apply to your case, but here are some that drivers have used successfully:

• Incorrect speed limit: The road had a posted limit higher than 65 mph, or you were not on a highway.
• Radar or lidar error: The device was not calibrated, the officer was not trained, or environmental factors caused a false reading.
• Mistaken identity: The officer cited the wrong vehicle or driver.
• Unclear signage: No speed limit sign was visible, or signs were contradictory.
• Necessity or emergency: You exceeded the limit to avoid harm (this is a narrow defense and hard to prove).
• Speedometer malfunction: Your speedometer was broken or inaccurate, and you reasonably believed you were within the limit.

Saying you were keeping up with traffic is not a valid defense. California law requires you to obey the speed limit regardless of what other drivers are doing. Similarly, not knowing the speed limit is not an excuse.

How to Use the Trial by Written Declaration Process

To file a TBWD, follow these steps:

1. Request the TR-205 form from the court listed on your citation, or download it from the court's website.
2. Fill out the form completely. Include your statement explaining why you are not guilty.
3. Attach evidence such as photos, diagrams, or documents that support your case.
4. Submit bail in the full amount of the fine. This is required but will be refunded if you win.
5. Mail everything to the court by the deadline on your citation.

The officer will also submit a written statement. The judge will review both submissions and issue a written decision. This can take several weeks or even months depending on the court's workload.

If you win, the court will dismiss the case and return your bail. If you lose, you can request a trial de novo, which is a new in-person trial. You are not penalized for using the TBWD process first.

What Happens If You Lose Your TBWD?

If the judge finds you guilty after your written trial, you have the right to request an in-person trial. This is called a trial de novo. You must request it within a certain time period, usually 20 days from the date of the written decision.

At the in-person trial, you can present witnesses, cross-examine the officer, and make legal arguments. The previous written decision does not count against you. The new trial starts fresh.

Many drivers win on the second try, especially if the officer does not appear. If the officer fails to show up for the in-person trial, the case is typically dismissed.

What If You Do Nothing?

If you do not respond to your citation by the deadline, the court may issue a failure to appear notice. This can result in additional fines, a hold on your driver license, and even a misdemeanor charge in some cases.

Ignoring a ticket does not make it go away. The court will eventually enter a conviction by default, and you will still owe the fine plus late fees. You will also receive the DMV point and insurance increase.

If you missed your deadline, contact the court immediately. You may be able to request an extension or ask the court to vacate the default. But it is much easier to respond on time.

Can You Get the Charge Reduced?

In some cases, prosecutors or judges may reduce a speeding charge to a lesser violation with no points, such as a non-moving violation or an equipment fix-it ticket. This is more common if you have a clean driving record or if there are weaknesses in the case.

Reductions are not guaranteed. They depend on the court, the prosecutor, and the specific facts of your case. If you appear in court or submit a strong written defense, you may be able to negotiate or persuade the judge to reduce the charge.

Even a reduction can save you money and points. If the violation is changed to a non-point infraction, your insurance may not increase.

Key Deadlines and Court Procedures

Every citation includes a deadline to respond, often called the "Notice to Appear" date. This is usually 30 to 60 days from the date of the ticket. You must take action by that date or risk a default judgment.

If you choose TBWD, mail your TR-205 and bail payment so they arrive before the deadline. Courts do not always accept postmark dates, so send it early.

If you choose an in-person trial, you may need to appear on the date listed or contact the court to schedule a trial date. Each court has its own procedures, so read the instructions on your citation carefully.

Should You Hire a Lawyer?

You are not required to hire a lawyer for a traffic ticket. Many drivers successfully fight tickets on their own, especially using the TBWD process.

However, if your case is complex, if you have prior violations, or if you are at risk of a license suspension, you may want to consult a traffic attorney. Some lawyers offer free consultations and can evaluate whether your case is worth fighting.

Attorneys can also appear in court on your behalf, which saves you time. But legal fees can be expensive, sometimes more than the ticket itself. Weigh the cost against the potential savings.

How This Ticket Affects Commercial Drivers

If you hold a commercial driver license (CDL), a speeding ticket can have serious consequences. Even one point can affect your employment and your ability to maintain your CDL.

Commercial drivers are not eligible for traffic school to mask points. A conviction will appear on your driving record and may be reported to your employer.

If you drive commercially, consider fighting the ticket or consulting with an attorney who specializes in CDL violations.

Final Thoughts

A CVC 22349(a) ticket is not just a fine. It can affect your insurance, your driving record, and your wallet for years. You have the right to contest it, and you do not need to go to court to do so.

Review your citation, gather evidence, and consider your options. Whether you choose traffic school or a trial by written declaration, taking action can save you money and protect your record.

Do not wait until the deadline passes. The sooner you respond, the more options you have.