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CA V C 22349(b) on 4 lane undivided highway

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agup

Junior Member
What is the name of your state (only U.S. law)? CA

I was cited under 22349(b) for going 76mph on 55mph highway. The highway generally was 2 lane undivided but it was 4 lane undivided highway (for several miles not just as passing lanes) where I was cited. I was under impression that the speed limit would be 65mph on such highway where there was no signage posted and I was doing between 65-70. Regardless of that, the radar caught the car at 76 and there was no other cars as far as I could see. So I don't see anything to contest except that I just wanted to check if highway being 4 lane would matter or it must still be designated as 2 lane highway with several (10s) miles of passing lanes. The highway seems to be broaden newly or the road was resurfaced recently. Does the number of lanes matter?

Another question I had is that currently I have to send the bail along with traffic school request. If I contest, I would contest via declaration as the place where I was cited is too far away for me to make a trip. If I lose, would I still have the option of traffic school or it would be for the judge to decide and as a penalty to contest he/she would take that option off?
 


I_Got_Banned

Senior Member
I'm going to comment on your second statement first... first statement second:
So I don't see anything to contest except that I just wanted to check if highway being 4 lane would matter or it must still be designated as 2 lane highway with several (10s) miles of passing lanes. The highway seems to be broaden newly or the road was resurfaced recently. Does the number of lanes matter?
Yes, the number of lanes matters... BUT "passing lanes may not be considered when determining the number of through lanes" pursuant to CVC 22349(b)(2).

CVC 22349.
(b) Notwithstanding 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.

I was under impression that the speed limit would be 65mph on such highway where there was no signage posted and I was doing between 65-70.
Read 22349(b) and you'll see that the statutory limit on a 2 lane undivided hwy is 55 mph.

As for the signing issue, it is addressed under 22349(c):

(c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.​

I'm not sure where or how often signs were posted, but you're free to drive that route and explore the possibility of using such a defense. (oops, never mind if you're far from the location)...

Another question I had is that currently I have to send the bail along with traffic school request. If I contest, I would contest via declaration as the place where I was cited is too far away for me to make a trip. If I lose, would I still have the option of traffic school or it would be for the judge to decide and as a penalty to contest he/she would take that option off?
Your best bet for traffic school is to request it at the time you enter a plea... While some judges will allow you the traffic school option after a TBD or a trial, others may not and they are not obligate to allow it or tell you the reason why!
 
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agup

Junior Member
Thanks for the reply. I have already sent in the bail with along with the request for traffic school. I could not think of any reasonable defense to write in the TBD.

Out of curiosity, when does a two lane highway convert to a 4 lane highway? I checked Google maps (street view - don't need to go there physically just to view :) - granted that the photos can be several months old and won't stand in the court), there is no signage for 25 miles around the place. Also it was a 4 lane highway for at least 30-40 continuous miles with no city 25 miles before or after. So for legal purpose all those 30-40 miles of 4 lanes are considered passing lanes?
 

I_Got_Banned

Senior Member
Out of curiosity, when does a two lane highway convert to a 4 lane highway? I checked Google maps (street view - don't need to go there physically just to view :) - granted that the photos can be several months old and won't stand in the court), there is no signage for 25 miles around the place. Also it was a 4 lane highway for at least 30-40 continuous miles with no city 25 miles before or after. So for legal purpose all those 30-40 miles of 4 lanes are considered passing lanes?
That is a good question... And my guess is it can only be answered by CalTrans... You can request a copy of the Engineering & Traffic survey for that segment of the roadway where the alleged violation occurred. That should give you an indication as to whether it is a 2 lane hwy with passing lanes or if it is a 4 lane hwy...

Point is, and even if you were to argue that you should have been cited in a 65 mph zone, you were still clocked at 76mph which is (obviously) in excess of the 65mph MAXIMUM limit on a highway... So while your argument might lead to you getting a lower fine amount (fines are lower for 11mph over the limit than they are for 21mph over the limit), you are still looking at a possible guilty verdict!
 

agup

Junior Member
Thanks again for the reply. That is the reason I did not go into trouble of TBD as regardless of number of lanes, I was clocked at over the limit. Fine may have come down but still won't change much unless someone here told me that it would have been a reason of dismissal of charges altogether, in which case it might be worth the trouble. Thanks again for all the help.
 

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