Loop hole in citation cvc 22349b

[Flossin]

Hello everyone,

I would first like to introduce myself: I am from southern California (La) and I currently work in Central Cali (Porterville). I like to thank anyone in advance who is able to provide any advice on this situation.

I got cited for 22349B when driving on HWY 65. Going supposedly 72 on what was supposedly a 55mph hwy. This is what the cvc specifically say:

(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.

A few defense I feel I can play is HWY 65 is NOT a undivided HWY. In fact, about 85% is divided unless when theres a turn that is unsafe to pass, the lanes become undivided, indicating it is not safe to pass

Another defense, is there NO posted speed limit of 55 form where I turned into the hwy, and from where I got pulled over. Being from Socal, the hwy is all 65, and people drive 70 as a safe speed. I have seen highways that the posted speed is 70 and even 75. How am I supposed to know its 55 when there is no posted sign and there is NO street light, even if it was posted.

Also when asked how long ago his radar was calibrated, the officer refused to answer and said he will bring all the evidence in court. As far as I know, it was not calibrated and the speed he clocked me in was not accurate.

Anyone can help, I would greatly appreciate it Thank you again!

 

[FlyingRon]

The percentage of the road that is undivided highway makes no difference. It matters whether it was a undivided highway at the point you were exceeding 55.

Do you want to indicate exactly where on 65 you were observed speeding?

Just because there's a double yellow line making it illegal to pass doesn't make it a divided highway. There needs to be some sort of divider. Further, for this rule, it doesn't matter if there is a divider or not. The only thing that matters is that there's only one lane in each direction (not counting turn lanes).

The fact that posted limits are higher elsewhere is entirely immaterial. This law tells you 55 applies unless posted otherwise. The section of the VC you were cited for is "how you are supposed to know."

You can certainly inquire about the calibration at your trial. They'll produce it there, they don't have to carry it around with them. Further, he'll almost certainly say he backed up the reading of the unit with visual estimation of your speed. In addition, any admission you made to speed "can and will be used against you" as they say.

There's no out arguing that others drive fast or you think more than 55 is safe as far as this statute is concerned.

 

[single317dad]

Flossin, I believe you may misunderstand what "divided" and "undivided" highways are. I just looked at CA St Hwy 65 around Porterville, and all the roadway I observed was undivided highway.

 

[Zigner]

Being from Socal, the hwy is all 65, and people drive 70 as a safe speed.

Strange, 75% of my 25 mile drive on the 5 freeway this morning was posted 55. Your statement is obviously wrong.

 

[Flossin]

Flossin, I believe you may misunderstand what "divided" and "undivided" highways are. I just looked at CA St Hwy 65 around Porterville, and all the roadway I observed was undivided highway.

Yea, I think I misunderstood what divided means

The percentage of the road that is undivided highway makes no difference. It matters whether it was a undivided highway at the point you were exceeding 55.

Do you want to indicate exactly where on 65 you were observed speeding?

Just because there's a double yellow line making it illegal to pass doesn't make it a divided highway. There needs to be some sort of divider. Further, for this rule, it doesn't matter if there is a divider or not. The only thing that matters is that there's only one lane in each direction (not counting turn lanes).

The fact that posted limits are higher elsewhere is entirely immaterial. This law tells you 55 applies unless posted otherwise. The section of the VC you were cited for is "how you are supposed to know."

You can certainly inquire about the calibration at your trial. They'll produce it there, they don't have to carry it around with them. Further, he'll almost certainly say he backed up the reading of the unit with visual estimation of your speed. In addition, any admission you made to speed "can and will be used against you" as they say.

There's no out arguing that others drive fast or you think more than 55 is safe as far as this statute is concerned.

Its hard to say exactly where since its all nothing haha but the ticket does say before the county line. I was driving south towards bakserfield.

So the undivided vs divided doesnt apply to the broken lines that I am thinking about...Its if there is an actual divider. Interesting to know now haha

When the officer pulled me over, I was in shock about the speed limit, we drive an average of 70-75 and driving 72 was normal for me since I dont drive very often on that highway. I did say how am I supposed to know about the speed limit since I am from La, he said I should have known when I took my DL test!

So pleading ignorance is not a defense I take it? lol

Strange, 75% of my 25 mile drive on the 5 freeway this morning was posted 55. Your statement is obviously wrong.

You sir are driving a commerical truck

 

[Zigner]

You sir are driving a commerical truck

Nope - the 5 freeway is 55mph from at least Slauson all the way up until a little south of the 2 freeway and has been for years. In fact, with the construction going on, the 55mph zone actually extends south almost to the LA/Orange county line, but I suspect that'll be increased again over the next few years as construction progresses.

There are MANY other freeways in the area that are posted 55mph. I think your problem is that you don't pay attention to the speed limit in the first place.