Exceeding 70 mph Posted Speed Limit
Exceeding a posted speed limit of 70 mph on a California highway where such a limit has been established by the Department of Transportation.
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Insurance: insurers must weigh your driving safety record first (Insurance Code 1861.02(a)), and more than one violation point counted under Vehicle Code 12810(a) to (d), (f), (i)(1) or (j) in the previous three years ends Good Driver Discount eligibility (Insurance Code 1861.025(b)(1)).
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 70 mph Posted Speed Limit ticket?
CVC 22356(a) lets the Department of Transportation, with the approval of the California Highway Patrol and on the basis described there, declare a maximum speed of 70 miles per hour for vehicles not subject to Section 22406 on a state highway, or portion of one, otherwise subject to a 65 miles per hour maximum, and requires signs giving notice. CVC 22356(b) says no person shall drive a vehicle upon that highway at a speed greater than 70 miles per hour, as posted.
Ask your insurer how a conviction affects your policy.
What the Law Says
(b) No person shall drive a vehicle upon that highway at a speed greater than 70 miles per hour, as posted.
What the Officer Must Prove
- 1You were driving on a highway where a 70 miles per hour maximum was declared and posted under CVC 22356
- 2Your speed was greater than 70 miles per hour
Arguments Commonly Raised for Exceeding 70 mph Posted Speed Limit
General information: arguments drivers commonly raise for this code section. Whether any applies depends on your own facts.
Your speed
CVC 22356(b) applies to a speed greater than 70 miles per hour. Describe how fast you were going and how the speed was measured, if you know.
The posted limit
The section applies upon a highway with a 70 miles per hour limit, as posted. Describe the speed limit signs on your route.
⚠️ Common Mistakes
- ✗Not photographing the speed limit signs on your route
- ✗Leaving out how the speed was measured, if you know
What this code section covers (general information)
CVC 22356(b) — Exceeding 70 mph Posted Speed Limit. Exceeding a posted speed limit of 70 mph on a California highway where such a limit has been established by the Department of Transportation.
This is a fixed-rule section: it describes a specific act or limit. The question is whether the facts show that act: what happened, where, and how it was observed or measured.
Eligible for Trial by Written Declaration: generally yes.
This is general information about CVC 22356(b). It is not advice about your citation, and TicketClear does not evaluate anyone's facts. Whether any of it applies depends on your own facts. For advice about your situation, consult a licensed California attorney.
Traffic School Option
A conviction adds 1 DMV point. The court may let you complete traffic school. If it is the only ticket you have done traffic school for in 18 months, the record is kept confidential and no point is counted (Vehicle Code 1808.7(a)). Traffic school is not available for a violation in a commercial motor vehicle (Vehicle Code 42005(c)(1)). If you hold a commercial driver license, the record is not kept confidential (Vehicle Code 1808.7(b)). Check your notice or your court's website for your options.
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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.
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