QuestionI was driving on highway CA-1 (undivided 2 lane). The cop crossed me in the opposite direction, turned back around and ticketed me with cvc 22349(b) for doing 70mph in a 55mph zone. There was great visibility that day, I was in control of the car at all times and there was no sign of another vehicle ahead or behind my car.
I think I was doing about 60-65, thinking it was a 65mph zone. Does that sound like a reasonable basis to contest this ticket? The only other argument I can think of is that the last posted 55mph sign was 5 miles prior to where I was stopped?
I have already taken traffic school once in the last 18th months and want find a way to not have this affect my insurance.
Please advise
AnswerHi Amab and welcome to AllExperts!
Unfortunately, your violation was for 22349(b) which is driving no faster than 55 on undivided 2-lane roadways. Based on your statement, the citation fits the offense.
As to fighting it, if this was a radar stop, your vehicle being the only car in the area at the time provides no possibility of a mistaken tag from another car traveling faster. Also from your statement, it wasn't a false return either.
The only real possibility is if your speedometer is not calibrated correctly. While the possibility of this is not a defense in itself, if you take it into a garage to have it inspected and discover that it was out of calibration, having proof of this and also it's repair would have been a credible defense, except that you admitted to driving over the speed limit. This may enable you to have the violation speed reduced from 70 to 60 or 65 though.
Also, the officer is required to calibrate his/her radar unit at least once a day by use of a tuning fork. The unit itself should be inspected annually for digital calibration. Asking if he had performed this task along with annual digital calibration at least qualifies the unit as being accurate. I would also ask if he is qualified to use radar by way of specific formalized training.
As to your belief that the area was posted for 65mph is not a credible defense either. 22349(b) by its very definition applies to the area you were driving in and provides for a maximum speed of 55. As motorists, we are obligated to know these things and are subject to the penalties of purposeful violation or violation by ignorance.
I would recommend you have your speedometer calibration checked as this seems like the only defense for you on this particular violation. Unfortunately Amab, your choices are limited. Good luck!
Terry
