Maximum Speed Law — 65 mph
Exceeding the maximum posted speed limit of 65 mph.
1 point; 2 points if over 100 mph
This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.
What is a Maximum Speed Law — 65 mph ticket?
This ticket means you were caught driving faster than 65 mph on a California highway. The 65 mph limit is California's default maximum speed on most freeways and highways, even if no speed limit sign is posted.
A CVC 22349(a) violation typically costs between $238 and $490 depending on how fast you were going. It adds 1 point to your DMV record that stays for 3 years, and your auto insurance rates will likely increase by 20-30% for several years.
A CVC 22349(a) conviction typically increases insurance premiums by 20-30% for 3-5 years. Over that period, you could pay $1,500 to $3,000 or more in extra premiums, making the total cost far exceed the ticket fine itself.
What the Law Says
No person shall drive a vehicle upon a highway at a speed greater than 65 miles per hour.
What the Officer Must Prove
- 1Your specific vehicle was the one traveling over 65 mph (not another nearby car)
- 2The speed measurement device was properly calibrated within required timeframes
- 3The officer was certified to operate the specific speed detection equipment used
- 4The device was operated correctly according to training and manufacturer guidelines
- 5The posted or statutory speed limit for that roadway section was 65 mph or less
How Drivers Get This Ticket
Driver clocked at 78 mph in a 65 zone using radar while passing another vehicle
Ticket issued for CVC 22349(a); driver successfully challenged by requesting radar calibration logs that showed device was past due for certification
Driver cited for 72 mph on freeway based on officer's visual estimate and pacing
Driver contested the pacing method, noting heavy traffic made maintaining consistent distance impossible; ticket dismissed
Driver caught at 81 mph by aircraft speed enforcement on rural highway
Driver requested documentation of aircraft timing markers and ground officer coordination; case dismissed due to incomplete records
Common Defenses for Maximum Speed Law — 65 mph
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
Radar/LIDAR calibration records are outdated or unavailable
Speed measurement devices must be calibrated regularly according to manufacturer specifications. If the prosecution cannot produce calibration records showing the device was accurate at the time of your citation, the speed reading may be deemed unreliable.
Officer lacked proper training certification for the speed device
California requires officers to be trained and certified to operate radar and LIDAR equipment. You can request proof of the officer's current certification for the specific device used.
Environmental conditions affected measurement accuracy
Radar and LIDAR can produce inaccurate readings due to weather conditions, heavy traffic, or nearby reflective surfaces. If conditions were poor, the device may have measured another vehicle or produced an erroneous reading.
Speedometer calibration defense
If your speedometer was malfunctioning and you reasonably believed you were traveling at or below 65 mph, you may present evidence of the malfunction along with proof of subsequent repair.
Officer's visual estimate or pacing was unreliable
If no electronic device was used, the officer must have paced your vehicle at a consistent distance for a sufficient time. Traffic conditions, curves, or elevation changes can make accurate pacing impossible.
How to Address This in Your Declaration
- ✓Written request for radar/LIDAR calibration records and officer training certificates
- ✓Photos of road conditions, traffic density, or weather at the time of citation
- ✓Dashcam footage showing your speedometer or surrounding traffic conditions
- ✓Speedometer calibration certificate if claiming equipment malfunction
- ✓Documentation showing multiple vehicles were traveling at similar speeds
- ✓Evidence of road construction, unclear signage, or transitioning speed zones
⚠️ What NOT to Do
- ✗Admitting to speeding or any specific speed when speaking to the officer
- ✗Failing to request calibration records and officer certification before your deadline
- ✗Arguing that 'everyone else was speeding too' without supporting evidence
- ✗Missing your response deadline, which results in automatic conviction and additional fees
- ✗Paying the ticket without understanding you're pleading guilty and accepting the point
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Frequently Asked Questions About Maximum Speed Law — 65 mph
What if I was going with the flow of traffic at 70-75 mph?▼
Unfortunately, 'flow of traffic' is not a legal defense to speeding in California. The law sets 65 mph as the maximum regardless of what other drivers are doing. However, you may still challenge how your speed was measured.
Can I get this reduced to a lesser violation?▼
Through Trial by Written Declaration, some judges may reduce charges if you present mitigating circumstances or cast doubt on the measurement accuracy. There's no guarantee, but it's worth contesting before simply paying.
Does this ticket count toward license suspension?▼
One point alone won't suspend your license, but points accumulate. California suspends licenses at 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months. This ticket contributes to that count.
What if the speed limit sign was obscured or missing?▼
If you can demonstrate the speed limit wasn't clearly posted and you reasonably believed the limit was higher, this could support your defense. Photos of the location showing obscured or missing signage are helpful evidence.
How do I request the officer's calibration and training records?▼
You can request these records through an Informal Discovery Request sent to the citing agency before your trial date. TicketClear can help you prepare and submit this request as part of your defense.
Traffic School Option
Most drivers cited for CVC 22349(a) are eligible for traffic school if they haven't attended in the past 18 months and hold a valid non-commercial license. Completing traffic school masks the point from your insurance company but still appears on your DMV record.
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This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.