Parking Ticket Mistakes and Now What?

[Bob Beamesderfer]

2006..

edit: that's when i had to first fight that one.

it used to be highway speeds weren't defined either, but now CVC 22349 has the expressed "65mph" in place.

What about where it's 70?

[Jeff Shyu]

the max speed law (cvc 22349) makes allowances for speeds above 65mph when it's posted.

Maximum Speed Limit

22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

(b) Notwithstanding any other provision of law, 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 thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply:

(1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction.

(2) Passing lanes may not be considered when determining the number of through lanes.

(c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations.
Amended and Repealed Sec. 22, Ch. 766, Stats. 1995. Effective January 1, 1996. Repeal operative March 31, 1996.
Added Sec. 23, Ch. 766, Stats. 1995. Effective January 1, 1996. Operative March 31, 1996.
Amended Sec. 1, Ch. 20, Stats. 1996. Effective March 29, 1996.
Amended Sec. 41, Ch. 724, Stats. 1999. Effective January 1, 2000.

the revised wording removes the safe and reasonable speed, and becomes much more of a concrete number. in order to fight it, you really have to step away from fighting the actual 22349 code, and make a case for "best judgement for the safety of you and those sharing the road around you".. which really isn't that hard either, but different.