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 guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service β 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(b) prohibits exceeding 70 mph on highways where the Department of Transportation has posted a 70 mph speed limit. This is a specific violation distinct from the general 65 mph maximum β the 70 mph limit is found on certain rural interstate segments and designated highways.
Exceeding 70 mph carries 1 DMV point and fines of $238β$490. Speeds above 100 mph are charged as a misdemeanor with a mandatory court appearance, possible license suspension, and fines exceeding $900.
A standard 1-point speeding conviction raises premiums 15β25% for 3 years. Speeds above 100 mph can trigger non-renewal or cancellation of your policy.
What the Law Says
What the Officer Must Prove
- 1The highway was a CalTrans-designated 70 mph segment
- 2Your speed exceeded 70 mph
- 3The device was properly calibrated and operated
How Drivers Get This Ticket
Driver clocked at 80 mph on I-5 in a 70 mph posted zone in the Central Valley.
Standard 1-point infraction; officer used aircraft pacing. Calibration records for aircraft are rarely available, weakening the evidence.
Driver cited at 75 mph β argues they missed the 70 mph zone transition sign.
Lack-of-notice defense is weak if signs were properly posted, but worth raising in a written declaration if signs were obscured.
Common Defenses for Exceeding 70 mph Posted Speed Limit
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
Evidence of actual speed at or below 70 mph
CVC 22356(b) sets an absolute 70 mph maximum on designated highways where CalTrans has authorized a 70 mph limit. No conditions-justified-speed defense applies. Produce a recent speedometer calibration certificate, GPS log, or dashcam speed overlay showing your speed was at or below 70.
Device calibration and operation
Challenge the accuracy of the speed-measuring device. Request calibration records and the officer's training log for the specific device used.
How to Address This in Your Declaration
- βRadar/LIDAR or aircraft pacing calibration records
- βDashcam with GPS speed data
- βPhotos of the speed limit signs near the citation location
β οΈ What NOT to Do
- βIf cited at 100+ mph, never pay without legal counsel β it is a misdemeanor
- βAdmitting your speed to the officer at the roadside
- βMissing the traffic school deadline if you choose to go that route
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Frequently Asked Questions About Exceeding 70 mph Posted Speed Limit
Which highways have a 70 mph limit in California?βΌ
Caltrans designates specific rural freeway segments where 70 mph is permitted. These include portions of I-5, I-8, I-10, I-15, I-40, and Highway 99. The limit is posted; where not posted, the 65 mph limit applies.
I was doing 72 mph β is that really worth fighting?βΌ
Yes. Even 2 mph over the limit is a valid infraction, but measurement error in radar and LIDAR is typically Β±2 mph. A calibrated device reading of 72 mph has enough uncertainty to be worth challenging in a written declaration.
What happens if I was cited at 100 mph?βΌ
Speeds of 100 mph or more are charged as a misdemeanor under CVC 22348(b), which carries a mandatory court appearance, potential 30-day license suspension, and fines of $900+. Do not handle this without an attorney.
Traffic School Option
Traffic school is available for speeds under 100 mph if you qualify. Speeds of 100+ mph are ineligible for traffic school and carry mandatory court appearances.
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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 β 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.