So I was driving in Sacramento CA. on westbound I-80 and I was pulled over for driving 80 in a 65.
the ticketing officer wrote the violation as CVC 22349(b)
"Not withstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:
(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.
(2) Passing lanes may not be considered when determining the number of through lanes."
Now my question is since he wrote it up as me speeding on a two lane undivided highway(I-80 where I was pulled over was 8 lanes) since this was not the case would I be considered not guilty by fault of the officer?
I have beat lidar speeding tickets using the same defense. (officers writing down the wrong California Vehicle Code for the violation comitted.)
any opinion and or experiences in similar situations is appreciated!
the ticketing officer wrote the violation as CVC 22349(b)
"Not withstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:
(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.
(2) Passing lanes may not be considered when determining the number of through lanes."
Now my question is since he wrote it up as me speeding on a two lane undivided highway(I-80 where I was pulled over was 8 lanes) since this was not the case would I be considered not guilty by fault of the officer?
I have beat lidar speeding tickets using the same defense. (officers writing down the wrong California Vehicle Code for the violation comitted.)
any opinion and or experiences in similar situations is appreciated!