Dismiss A California Speeding Ticket CVC § 22356
Speeding tickets can be quite costly when you take into consideration the fine for the ticket and the increase in your automobile insurance costs.
There are several reasons why people choose to exceed the posted speed limit — not paying attention, being bored, enjoying driving at an unsafe speed or being in a hurry.
Regardless of the reason why a person chooses to drive their motor vehicle faster than the posted speed limit, this goes against the very basic speeding law in California; driving at a reasonable and safe speed. Speeding easily puts the safety of persons in other cars and on the street on the line and can even lead to months in jail if not dealt with.
Speeding tickets are the most common type of traffic offense.
Every year in California, more than three million traffic tickets are issued. Of those traffic tickets, around two million are for speeding and going over the posted limit of 70 miles per hour. That translates to over 5,000 traffic tickets daily in a state with more than 26 million residents with a valid driver’s license, representing millions of motor vehicles on the streets. And the average traffic ticket costs between $600 to $700 each.
That’s a lot of money on top of the many consequences and other penalties you might face with a simple ticket for going over the posted maximum speed limits on California’s freeways.
What California Vehicle Code § 22356 Says
Section 22356 of the state’s vehicle code clarifies the statewide limit in terms of the maximum miles per hour allowed on highways.
It reads:
(a) Whenever the Department of Transportation, after consultation with the Department of the California Highway Patrol, determines upon the basis of an engineering and traffic survey on existing highway segments, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highway segments, that a speed greater than 65 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any state highway, or portion thereof, that is otherwise subject to a maximum speed limit of 65 miles per hour, the Department of Transportation, with the approval of the Department of the California Highway Patrol, may declare a higher maximum speed of 70 miles per hour for vehicles not subject to Section 22406, and shall cause appropriate signs to be erected giving notice thereof.
When a Police Officer Can Pull You Over on the Highway
A California Highway Patrol officer can pull you over and give you a citation for speeding when you officially go over the posted maximum speed limit. Although most don’t do so when the excess speed of the vehicle is within 5 miles per hour of the speed limit, they are legally allowed to cite you, even if it’s just one above.
The vehicle code clearly states:
(b) No person shall drive a vehicle upon that highway at a speed greater than 70 miles per hour, as posted.
Section 22356 of the California Vehicle Code gives the California Department of Transportation the authority to raise the speed limit on California highways from 65 mph to 70 mph.
In order for the Department of Transportation to raise the max speed limit to 70 miles per hour, it must consult with the California Highway Patrol and review engineering and traffic surveys to determine that an increased speed would facilitate the safe and orderly movement of traffic along that stretch of road.
The True Costs of a Traffic Ticket for Speeding
The fines alone should deter California drivers from exceeding the 70 mph speed limit, but if that’s not enough, know that the true costs are much higher.
If you receive a California traffic ticket for exceeding the posted speed limit, you will also gain one point against your driver’s license and a fine. The fine amount is based on your alleged speed and driving record. You will also have to pay court fees, credit card fees if that’s how you will pay the ticket, and night court fees, and if you are also found guilty of reckless driving, you can even face license suspension and jail time.
Minimum fines by speed category:
The fine amounts increase depending on how much you were driving over the max speed limit
- 1-15mph is $238
- 16-25mph is $367
- 26mph and over is $490
Speeding tickets lead to higher auto insurance rates
An insurance company can use a risk-based pricing model to determine how much to charge for premiums, and speeding tickets are one of the factors that they consider when assessing risk.
Your insurance premiums will increase if more points accumulate on your driving record. In California, a speeding ticket carries 1-2 points on your driving record, depending on how much you were speeding by. These points will stay on your record for three years and can significantly increase your auto insurance rates during that time.
Additionally, some insurance companies may raise your rates for a period of time, even if the points have fallen off your record. This is because the company views your driving history as a whole and may be wary of offering you a good rate if you have had a history of speeding tickets.
Knowing how a ticket can affect your insurance rates and taking steps to minimize the potential damage is important.
Avoid points to driver’s license with traffic school
If you don’t have any criminal record or a clean driving record, don’t let a speeding ticket ruin that. The point will stay on your license if you even pay the fine after pleading guilty.
One option is to take a defensive driving class, also known as traffic school, to reduce the points associated with the ticket, but this may not always be an option.
A judge will let you know if this is an option for you. This way, you can avoid getting those pesky points on your license that will assuredly raise your insurance premiums. Plus, you also avoid having multiple points added to your license in case of another traffic violation. Too many points on your license can lead to license suspension or, in the worst of cases, even months in jail.
The consequences can be even worse for commercial drivers in California. Traffic law states that commercial drivers accumulate 1.5 points for each infraction, not just 1, meaning a 2-point violation puts 3 on their record. They can be barred from working for months or years if they get another citation on their record within a year.
Habitual Speeding Violations Can Lead to Aggressive Penalties
Fine amounts increase with additional citations and multiple tickets on your driving record can lead to the suspension of your driving privileges.
The good news is that you do not need to deal with your citation. Our legal team is available to discuss your options to challenge your violation such as trial by written declaration and other legal defenses. Contact us today for a free citation review.
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