CVC 22356(b): Two-Lane Highway Speed Limit Ticket Guide
CVC 22356(b) prohibits driving faster than the prima facie speed limit on two-lane, undivided highways. This violation typically results in a fine, one DMV point, and potential insurance increases.
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California Vehicle Code ticket overview
This page explains CVC 22356(b) for California traffic tickets, including what the violation means, why the ticket may matter, and what a driver should review before deciding whether to pay or contest it.
ClerkHero helps California drivers prepare Trial by Written Declaration (TR-205) paperwork online when a written-defense path appears to fit. ClerkHero is not a law firm.
CVC 22356(b), also written as VC 22356(b) on many California traffic citations, is the Vehicle Code section for Prima Facie Speed Limits.
Quick answer
CVC 22356(b) Quick Answer
Got a Prima Facie Speed Limits ticket? See the likely cost, points, fix-it status, and best next step before you pay.
Estimated total exposure
$197 to $229+ (varies by county)
DMV points
1 point
Fix-it eligible
No
Traffic school
Check details
Fight by mail
Usually yes
Includes estimated court assessments, possible fees, and longer-term insurance impact when applicable. Actual court bail/fine may be lower and varies by county.
Best next step: Check eligibility before paying so you can decide whether written declaration is available for your ticket.
ClerkHero is a self-help software provider, not a law firm. We help prepare documents for your review. Eligibility depends on your ticket and court.
Rated 4.9/5 by 1,200+ California drivers. Most users finish in under 5 minutes.
What to do right now
- 1Check the exact violation and court deadline.
- 2Compare the cost of paying against your available options.
- 3Save photos, receipts, and any proof.
- 4Compare the cost of paying versus fighting.
Also searched as
Drivers and courts may refer to this violation using any of these labels:
- VC 22356(b)
- VC22356(b)
- Vehicle Code 22356(b)
- California Vehicle Code 22356(b)
- CVC 22356(b)
Violation category
Speeding
Base fine
$35
Estimated total cost
$197 to $229+ (varies by county)
DMV points
1 point
What is California Vehicle Code CVC 22356(b)?
California Vehicle Code 22356(b) sets the maximum speed limit at 55 mph on two-lane, undivided highways unless otherwise posted. Prima facie means the speed limit is presumed to be the maximum safe speed, but drivers may argue their actual speed was safe under the conditions. This code applies to rural highways and roads without a center divider. Violating this section can result in fines starting at $35 base amount, plus court fees and assessments.
Common scenarios
Scenario 1
You were driving 62 mph on a rural two-lane highway with no other traffic, clear weather, and excellent visibility. The officer cited you for exceeding the 55 mph prima facie limit, but you believe your speed was safe for the conditions.
What to do: Save evidence immediately and compare the cost of paying against fighting by written declaration.
Scenario 2
You received a ticket on a two-lane mountain road where you were traveling 60 mph. You did not see any speed limit signs, and you were unaware the prima facie limit was 55 mph on that type of roadway.
What to do: Save evidence immediately and compare the cost of paying against fighting by written declaration.
Scenario 3
An officer paced you at 58 mph on a two-lane highway. However, the road had recently been repaved and widened, and you believe it may now be classified differently or have a higher posted limit.
What to do: Save evidence immediately and compare the cost of paying against fighting by written declaration.
Key facts
- CVC 22356(b) sets a 55 mph prima facie speed limit on two-lane, undivided highways unless a different limit...
- A conviction adds one point to your DMV record for 39 months and typically increases insurance rates by...
- Total fines range from approximately $197 to $229 or more depending on your county, significantly higher than the...
- You can contest the ticket through Trial by Written Declaration without appearing in court, and if you lose,...
- Traffic school may be available to mask the conviction from insurance companies if you are eligible and have...
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People also search
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- how to fight CVC 22356(b) ticket
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- CVC 22356(b) DMV points
- trial by written declaration speeding ticket
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Fine breakdown for CVC 22356(b)
Fine breakdown for CVC 22356(b)
| Category | Estimated amount |
|---|---|
| Base fine | $35 |
| Court add-ons (varies by county) | $162 to $194+ |
| Total estimated out-of-pocket | $197 to $229+ (varies by county) |
Official county court examples suggest a $35 base fine often turns into about $197 to $229+ once penalty assessments and court fees are added.
Includes estimated court assessments, possible fees, and longer-term insurance impact when applicable. Actual court bail/fine may be lower and varies by county.
A conviction can also raise insurance costs over time.
Cost check
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What happens if you ignore this ticket?
- - The court can add late fees.
- - The case may be sent to collections.
- - DMV or registration issues may follow.
- - A fixable ticket can become more expensive.
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Before You Pay This Ticket.
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- Written declaration may be available
- Understand your court deadline
- Review DMV point risk
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Detailed guide
What is CVC 22356(b)?
California Vehicle Code 22356(b) establishes the prima facie speed limit on two-lane, undivided highways. Under this law, the maximum speed is 55 mph unless signs indicate a different limit.
If you received a citation for CVC 22356(b), the officer alleges you exceeded 55 mph on a two-lane highway without a center divider or median. This code applies specifically to undivided roadways, typically in rural or less developed areas.
Understanding Prima Facie Speed Limits
The term "prima facie" means "on its face" or "at first appearance." A prima facie speed limit is presumed to be the maximum safe speed for that roadway. However, this presumption can be challenged.
You may argue that even if you exceeded the posted limit, your speed was still safe and reasonable given the actual conditions. Factors like light traffic, clear weather, good visibility, and road conditions can support this defense.
Conversely, driving at or below the prima facie limit does not automatically mean you were driving safely. If conditions were hazardous, you could still be cited for driving too fast for conditions under CVC 22350.
Two-Lane, Undivided Highways Explained
CVC 22356(b) applies specifically to highways with one lane of travel in each direction and no physical barrier or median separating opposing traffic.
These roads are common in rural California, mountain areas, and agricultural regions. They differ from divided highways (covered under CVC 22356(a)) which have multiple lanes or physical separation.
The distinction matters because different speed limits apply to different road types. Make sure your citation correctly identifies the road type where you were stopped.
Financial Consequences
The base fine for CVC 22356(b) starts at $35 for speeds 1-15 mph over the limit. However, the total amount you pay will be significantly higher due to mandatory court fees, assessments, and county-specific charges.
Total fines typically range from $197 to $229 for a first offense, but can exceed $300 depending on your speed and county. Each county adds different fees, so your actual total will vary.
Paying the fine is the same as pleading guilty. This means the conviction goes on your driving record and triggers additional consequences.
DMV Points and Your Driving Record
A conviction under CVC 22356(b) adds one point to your California DMV driving record. This point remains for 39 months (three years and three months).
Accumulating points can lead to serious consequences. If you get four points in 12 months, six points in 24 months, or eight points in 36 months, the DMV may suspend or revoke your license.
Even one point can matter if you already have points from previous violations. Check your current point total before deciding how to handle this citation.
Insurance Rate Increases
Insurance companies regularly check driving records. A speeding conviction typically increases your rates for three to five years.
The average increase ranges from 20% to 40% of your premium, depending on your insurer and driving history. Over three years, this can cost you $1,000 to $3,000 or more in additional premiums.
Some insurers offer accident forgiveness or safe driver programs that might reduce the impact. Contact your insurance agent to understand how a conviction would affect your specific policy.
Traffic School Eligibility
California allows eligible drivers to attend traffic school to mask the conviction from insurance companies. The point still goes on your DMV record, but insurers typically cannot see it.
You are generally eligible if you have a valid license, the violation was not in a commercial vehicle, you were not speeding over 100 mph, and you have not attended traffic school for another ticket in the past 18 months.
The court must approve your traffic school request. You still pay the full fine plus a traffic school fee (usually $50-$65) and the cost of the traffic school course itself ($20-$50).
Traffic school can save you money compared to insurance increases, but you must complete it by the deadline or face additional penalties.
Trial by Written Declaration
California law allows you to contest your ticket by mail through a Trial by Written Declaration (TBWD) under CVC 40902. You do not need to appear in court.
You submit a written statement explaining your defense, along with any evidence. The officer submits their statement. A judge reviews both and issues a decision.
If you lose, you can request a new trial (trial de novo) and appear in court for a second chance. This gives you two opportunities to fight the ticket.
TBWD is often the most convenient option for drivers with work or family obligations. ClerkHero can help you prepare your written declaration.
What to Check on Your Citation
Review your citation carefully for errors or inconsistencies. Mistakes can sometimes help your defense.
Verify the location is accurate. Was the road actually a two-lane, undivided highway? If it had a center median or more than two lanes, CVC 22356(b) may not apply.
Check the posted speed limit. If signs indicated a different limit (like 65 mph), you may have a defense that the prima facie limit did not apply.
Note the date, time, and weather conditions. These details matter when arguing your speed was safe and reasonable.
Look at how the officer measured your speed. Was it radar, lidar, pacing, or visual estimation? Each method has specific requirements and potential weaknesses.
Evidence to Gather
Collect evidence as soon as possible while details are fresh. Strong evidence can make the difference between a conviction and dismissal.
Take photographs of the location, including road conditions, lane markings, signage, and sight lines. Show whether the road truly fits the description in the code.
Document weather and traffic conditions if they support your case. Light traffic and clear conditions can support an argument that your speed was safe.
If your speedometer was recently calibrated or if you have dashcam footage showing your actual speed, gather those records.
Identify any witnesses who were in your vehicle or observed the incident. Their statements can corroborate your version of events.
Research the officer's training and certification for the speed detection method used. Officers must be properly trained and equipment must be regularly calibrated.
Your Options Before Paying
Paying the fine is not your only option. You have several choices, each with different consequences.
Option 1: Pay the fine. This is a guilty plea. The conviction goes on your record, you get the point, and your insurance will likely increase. Choose this only if you have no defense and want to resolve the matter quickly.
Option 2: Attend traffic school. If eligible, this masks the conviction from insurance but you still pay the full fine plus additional fees. Good option if you want to avoid insurance increases.
Option 3: Fight the ticket through Trial by Written Declaration. Submit a written defense by mail. If you lose, you can still request an in-person trial. This gives you two chances to win.
Option 4: Request an in-person trial. Appear in court and present your defense to a judge. The officer must also appear. If the officer does not show up, the case is typically dismissed.
Option 5: Hire an attorney. For some drivers, especially those with commercial licenses or multiple violations, hiring a traffic attorney may be worthwhile. Attorneys can negotiate on your behalf and may achieve better outcomes.
Common Defenses Explained
Safe speed for conditions: Even if you exceeded 55 mph, you can argue your actual speed was safe given light traffic, good weather, excellent visibility, and road conditions. This challenges the prima facie presumption.
Incorrect road classification: If the road was actually a divided highway or had more than two lanes, CVC 22356(b) does not apply. The officer may have cited the wrong code section.
Higher posted limit: If signs posted a speed limit higher than 55 mph, that posted limit controls. The prima facie limit does not apply where a different limit is posted.
Faulty speed detection: Challenge the accuracy of the officer's speed measurement. Radar and lidar devices must be properly calibrated. Pacing requires the officer to maintain a constant distance for a sufficient time. Visual estimates are inherently unreliable.
Mistaken identity: In some cases, the officer may have confused your vehicle with another, especially in moderate traffic or at distance.
Emergency situation: If you were speeding due to a genuine emergency (medical crisis, avoiding imminent danger), this may justify exceeding the limit.
When to Seek Legal Advice
Most CVC 22356(b) violations are straightforward infractions that drivers can handle themselves. However, some situations warrant consulting a licensed attorney.
If you have a commercial driver's license (CDL), even one point can jeopardize your livelihood. CDL holders face stricter rules and should consider legal representation.
If you already have points on your record and this violation would trigger a license suspension, speak with an attorney about your options.
If the citation involves additional charges (reckless driving, suspended license, DUI-related offenses), you should seek legal advice. ClerkHero may not handle all case types, especially criminal matters.
If you were involved in an accident or if anyone was injured, the stakes are higher and legal representation is advisable.
How ClerkHero Can Help
ClerkHero guides you through the Trial by Written Declaration process step by step. Our platform helps you organize your defense, gather evidence, and submit a professional written statement.
We provide templates and examples tailored to common defenses for CVC 22356(b) violations. You answer questions about your situation, and we help you build a clear, persuasive argument.
Our service is designed for straightforward infraction cases. We help you understand the process and present your best case to the court.
Remember, we provide legal information, not legal advice. We cannot guarantee dismissal or represent you in court. For complex cases or situations requiring legal advice, consult a licensed attorney.
Next Steps
Do not ignore your citation. Note the deadline on your ticket (typically 21 days from the citation date). Missing the deadline can result in additional fines, a hold on your license, and even an arrest warrant.
Decide which option is best for your situation. Consider your driving record, insurance impact, and whether you have a valid defense.
If you choose to fight the ticket, gather evidence immediately. Memories fade and conditions change, so document everything now.
If you request Trial by Written Declaration, you must submit your statement and bail amount by the deadline. The court will refund your bail if you win.
Stay organized and keep copies of everything you submit to the court. Track deadlines carefully to protect your rights.
Final Thoughts
A CVC 22356(b) citation is a common traffic violation, but it carries real consequences. The financial impact extends beyond the initial fine to include insurance increases that can cost thousands of dollars over time.
You have rights and options. California law allows you to contest the citation and present your defense. Many tickets are dismissed or reduced when drivers take the time to fight them properly.
Understand what the code means, evaluate your specific situation, and make an informed decision. Whether you choose to pay, attend traffic school, or fight the ticket, act before your deadline.
With the right approach and evidence, you can handle this citation confidently and minimize its impact on your driving record and finances.
Decision point
Is it worth challenging this ticket?
Compare paying now against checking your available options, including points and insurance risk.
Common defenses
Defense ideas you can use if written declaration is available
Every ticket is different. These issues can help you organize facts, evidence, and questions before deciding whether to pay, correct the issue, or check eligibility.
Defense 1
Your speed was safe and reasonable given the actual road conditions, traffic, weather, and visibility, challenging the prima facie presumption that exceeding 55 mph was unsafe.
Defense 2
The roadway was not actually a two-lane, undivided highway as described in CVC 22356(b), but was instead a divided highway or had a different configuration.
Defense 3
A higher speed limit was posted at the location, which would supersede the prima facie 55 mph limit established by this code section.
Defense 4
The officer's speed detection method was flawed, whether due to uncalibrated equipment, improper training, incorrect pacing technique, or mistaken visual estimation.
Defense 5
You were responding to a genuine emergency situation that required you to exceed the speed limit to prevent harm or address an urgent medical need.
Defense 6
The officer mistakenly identified your vehicle as the speeding vehicle, especially in situations with multiple similar vehicles or limited visibility.
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More resources for CVC 22356(b)
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Frequently asked questions about CVC 22356(b)
What does prima facie speed limit mean for my ticket?
Prima facie means the 55 mph limit is presumed to be the maximum safe speed on two-lane, undivided highways. However, this is a rebuttable presumption. You can argue that your actual speed, even if over 55 mph, was still safe and reasonable given the specific conditions like light traffic, clear weather, and good visibility. The prosecution must prove your speed was unsafe, and you have the right to present evidence that it was not.
How is CVC 22356(b) different from other speeding laws?
CVC 22356(b) applies specifically to two-lane, undivided highways and sets a 55 mph prima facie limit. This differs from CVC 22349, which sets absolute maximum limits (65 or 70 mph on most highways), and CVC 22350, which prohibits driving faster than is safe for conditions regardless of the posted limit. The key difference is that 22356(b) focuses on a specific road type and allows you to argue your speed was safe even if it exceeded the limit.
Will this ticket affect my insurance rates?
Yes, a conviction for CVC 22356(b) typically increases insurance rates because it adds a point to your driving record. Most insurance companies check driving records and raise premiums for speeding violations. The increase usually ranges from 20% to 40% and lasts three to five years, potentially costing you $1,000 to $3,000 or more in additional premiums. Attending traffic school can mask the conviction from insurers if you are eligible.
Can I take traffic school for a CVC 22356(b) violation?
Most drivers are eligible for traffic school if they have a valid license, were not driving a commercial vehicle, were not speeding over 100 mph, and have not attended traffic school for another ticket in the past 18 months. You must request traffic school from the court, pay the full fine plus traffic school fees, and complete an approved course by the deadline. Traffic school masks the conviction from insurance companies but the point still appears on your DMV record.
More FAQs about CVC 22356(b)
What should I do first after getting this citation?
Note the deadline on your ticket, typically 21 days from the citation date. Review the citation carefully for errors in location, road type, or speed limit. Take photographs of the location showing road conditions, lane configuration, and any posted speed limit signs. Decide whether to pay the fine, request traffic school, or contest the ticket. Do not ignore the deadline, as this can result in additional fines, a license hold, and even a warrant for your arrest.
How do I prove the officer's speed measurement was wrong?
You can challenge speed detection by questioning the officer's training and certification, requesting calibration records for radar or lidar devices, or pointing out flaws in pacing technique. Radar and lidar must be calibrated regularly according to manufacturer specifications. Pacing requires the officer to maintain a constant distance behind you for a sufficient time on a straight road. Visual estimates are inherently unreliable. Request discovery of the officer's training records and equipment maintenance logs to identify potential weaknesses.
What is Trial by Written Declaration and should I use it?
Trial by Written Declaration allows you to contest your ticket by mail without appearing in court. You submit a written statement and evidence, the officer submits their statement, and a judge decides. If you lose, you can request a trial de novo (new trial) in person, giving you a second chance. This option is convenient for people with work or family obligations and is often effective because officers sometimes fail to submit their statements, resulting in dismissal.
When should I consider hiring a traffic attorney?
Consider hiring an attorney if you have a commercial driver's license, already have points that could trigger a suspension, face additional charges beyond simple speeding, were involved in an accident, or if anyone was injured. Attorneys can negotiate on your behalf, may achieve better outcomes, and understand technical defenses. For straightforward CVC 22356(b) infractions with no complicating factors, many drivers successfully handle the case themselves through Trial by Written Declaration.
What is VC 22356(b)?
VC 22356(b) is another way California courts and citations may refer to CVC 22356(b) for Prima Facie Speed Limits. VC means Vehicle Code, while CVC means California Vehicle Code.
Is VC 22356(b) the same as CVC 22356(b)?
Yes. On California traffic tickets, VC and CVC can refer to the same California Vehicle Code section. VC22356(b) is the compact version of VC 22356(b).
Can I fight a VC 22356(b) ticket?
You may be able to contest it depending on the facts, evidence, and court process. ClerkHero can help eligible California drivers prepare self-help documents for review.
Related CVC Violations
CVC 22348(b)
Driving Over 100 MPH
Cited for CVC 22348(b) driving over 100 mph? Learn about this misdemeanor charge, 2 DMV points, fines up to $2,000, insurance impact, and how to fight it.
CVC 22349(a)
Driving Over 65 MPH
Learn what a CVC 22349(a) ticket means, the fine and DMV points you face, insurance impact, traffic school eligibility, and how to fight it by mail.
CVC 22349(b)
Driving Over 55 MPH on a Two-Lane Undivided Highway
CVC 22349(b) prohibits driving over 55 mph on two-lane undivided highways. Learn about fines, DMV points, insurance impact, traffic school, and how to fight it.
CVC 22350
Basic Speed Law
CVC 22350 prohibits unsafe speed for conditions. Learn about fines ($238-$490), DMV points, insurance impact, traffic school, and how to fight by mail.
Official sources
ClerkHero uses official California court and DMV resources where available.
- California Courts Form TR-205
Official Trial by Written Declaration form used for eligible California traffic infractions.
- California DMV: Negligent Operator Treatment System
Official DMV resource explaining point-count thresholds and negligent operator rules.
- Alameda County Traffic Court fee example
- Tuolumne County Traffic Court fee example