Exceeding Altered Speed Limit
Exceeding a speed limit that has been altered from the default speed limit by local authority based on an engineering and traffic survey of the roadway.
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 Exceeding Altered Speed Limit ticket?
CVC 22353 allows local authorities to establish speed limits other than the standard prima facie limits after conducting an engineering and traffic survey. Driving above the limit established under this section is a violation. Like CVC 22354, an outdated or missing engineering survey can make radar evidence inadmissible.
This is a 1-point moving violation with fines of $238–$490. The altered speed limit must be based on a valid engineering survey — if not, you may have a speed trap defense that renders radar evidence inadmissible.
One point from a moving violation typically increases insurance premiums 15–25% for 3 years. Contesting and winning avoids this surcharge entirely.
What the Law Says
Local authorities may, by ordinance or resolution, set a speed limit other than the prima facie limit when supported by an engineering and traffic survey.
What the Officer Must Prove
- 1The altered speed limit was established based on a valid engineering and traffic survey
- 2You exceeded the posted altered speed limit
- 3The speed measurement was accurate and the device properly calibrated
How Drivers Get This Ticket
City lowers 45 mph limit to 35 mph on a commercial street; driver does 46 mph.
If engineering survey is current and valid, ticket stands. If survey is outdated, speed trap defense applies.
Driver cited at 55 mph in a 40 mph altered zone on a county road.
Officer used LIDAR. Driver requests calibration records and engineering survey — survey was 9 years old, ticket dismissed.
Common Defenses for Exceeding Altered Speed Limit
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
Speed trap — altered limit lacks valid engineering survey
Altered speed limits under CVC 22353 must be based on an engineering and traffic survey. If the survey is more than 5 years old (7 in some cases), radar evidence is inadmissible under the speed trap statute.
No notice of altered speed limit
If posted signs were obscured, missing, or improperly placed, you may not have had adequate notice of the reduced limit.
Speed measurement error
LIDAR and radar devices require regular calibration. Calibration records showing the device was out-of-spec at the time of your citation can undermine the speed evidence.
How to Address This in Your Declaration
- ✓Engineering and traffic survey for the road segment (request via discovery)
- ✓LIDAR/radar calibration records
- ✓Photos of speed limit signage in the area
- ✓Dashcam footage showing your speed and surroundings
⚠️ What NOT to Do
- ✗Paying before checking whether the speed limit is supported by a current survey
- ✗Assuming altered limits on city streets are always valid
- ✗Failing to request discovery before your trial date
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Frequently Asked Questions About Exceeding Altered Speed Limit
How is CVC 22353 different from CVC 22350?▼
CVC 22350 is the basic speed law (unsafe for conditions). CVC 22353 involves exceeding a speed limit that was specifically altered by local authorities below the prima facie limit. The key distinction is that 22353 requires a valid engineering survey, creating the speed trap defense opportunity.
Can I get the engineering survey before my court date?▼
Yes. File a written discovery request with the court as soon as you receive your ticket. Request the engineering and traffic survey for the specific road segment and the speed measurement device's calibration records. Allow at least 2–3 weeks for the response.
Traffic School Option
Traffic school can mask the DMV point if this is your first point in 18 months and you hold a non-commercial license.
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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.