One important law to be aware of as a driver is California Vehicle Code Section 22349(b): Speeding on Undivided Two-Lane Highways. This law sets a specific speed limit for undivided two-lane highways.
As a driver in California, it’s crucial to understand and follow the state’s speed limit laws to ensure your safety and the safety of others on the road. Yet sometimes, it can be hard to know what the limit is. You could get charged with speeding under this law if you go beyond the limit.
Our experienced criminal defense lawyers in Los Angeles are ready to help you if you’ve been charged with this crime. Let’s break down Vehicle Code 22349(b), explain what the charge means for you, and discuss what you can do if you’re accused of violating this law.
What Does Vehicle Code 22349(b) Require?
Under California Vehicle Code 22349(b), 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 of the highway has been posted for a higher speed.
The law further defines a “two-lane, undivided highway” as a highway with not more than one through lane of travel in each direction. Passing lanes are not considered when determining the number of through lanes.
Why Is There a Lower Speed Limit on Undivided Two-Lane Highways?
The 55 mph speed limit on undivided two-lane highways is designed to improve safety on these types of roads. Undivided highways lack physical barriers separating opposing lanes of traffic, which increases the risk of head-on collisions and other serious accidents.
Lower speed limits give drivers more time to react to potential hazards, such as vehicles crossing the centerline or debris on the road. They also reduce the severity of crashes when they do occur.
Exceptions to the 55 mph Limit
As noted in California Vehicle Code 22349(b), the Department of Transportation or local agencies may post a higher speed limit on certain undivided two-lane highways if an engineering and traffic survey indicates it’s safe. These surveys consider factors such as:
- Road conditions
- Accident history
- Traffic volume
- Sight distances
- Other safety considerations
If a higher speed limit is posted, drivers may legally exceed 55 mph on that stretch of highway. Charges under this law can sometimes happen due to confusion on what exactly the speed limit is, especially in areas where the limit changes as the road narrows or widens into more lanes.
Penalties for Violating California Vehicle Code 22349(b)
Speeding on an undivided two-lane highway is an infraction punishable by a base fine based on how much you exceed the speed limit. With court fees and assessments, the total cost of a ticket can be much higher.
The violation will also add one point to your driving record, which can lead to increased insurance rates and potential license suspension if you accumulate too many points within a certain timeframe.
Fighting a Speeding Ticket on an Undivided Highway
If you’ve been cited for speeding on an undivided two-lane highway, you may have options for fighting the ticket or mitigating the consequences. An experienced Los Angeles speeding ticket lawyer from Simmrin Law Group can:
- Challenge the officer’s observations: If the officer’s speed estimate is inconsistent with your own or with physical evidence at the scene, your attorney may be able to cast doubt on the reliability of the officer’s testimony.
- Question the speed measurement device: If the officer used radar or another electronic device to measure your speed, your lawyer can investigate whether the device was properly calibrated and used in accordance with the manufacturer’s guidelines.
- Identify other defenses: Depending on the circumstances, there may be other legal defenses available, such as necessity (e.g., speeding to avoid a dangerous situation) or lack of proper signage.
- Negotiate with prosecutors: In some cases, your lawyer may be able to persuade the prosecutor to reduce the charge to a non-moving violation or dismiss the ticket in exchange for traffic school or other conditions.
- Represent you in court: If your case goes to trial, your lawyer can present evidence, cross-examine witnesses, and argue your case before a judge or jury.
Don’t Let a Speeding Ticket Jeopardize Your Driving Privilege
While a single speeding ticket may not seem like a big deal, the consequences can add up quickly. Points on your record can lead to higher insurance premiums, license suspension, and other collateral consequences that can affect your daily life.
If you’ve been cited for California Vehicle Code Section 22349(b): Speeding on Undivided Two-Lane Highways or any other traffic offense in California, don’t hesitate to seek legal help. The experienced attorneys at the Simmrin Law Group are here to protect your rights and driving privileges.
Contact us today for a free consultation. We’ll review your case, explain your options, and develop a tailored strategy to achieve the best possible outcome.