Speeding On a Divided Highway, VC 22349(B)

[RubiOn35s]

I received a citation 22349(b) in California.

I have seen many posts on this citation asking if it was issued on a 2 lane, undivided highway, as that is what (b) requires. I received this citation on a 6 lane, divided highway (3 lanes on each side of a center median). My question is, what would you recommend is my next course of action in terms of fighting this ticket?

For those that are wondering, I was cited driving 68mph.

Any advice is much appreciated.

Here is where the citation was issued:

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[That Guy]

That should only apply to a 2 lane undivided highway, (one lane in each direction)...

But in order to make any sort of conclusion you should also provide the posted limit, the cited limit (on the citation) the cited speed, your actual direction of travel ... The method used to estimate your speed.

Was this a CHP issued citation? (Because you are only 2.8 miles from the Newhall CHP station)


The other good thing about this one is that you are only 2.2 miles from the courthouse

[RubiOn35s]

Thanks for replying That Guy.

I was traveling North on the Old Road at 68mph (according to the citation, to which I do not contest). I believe the posted limit was 55mph. And yes, this citation was issued by the CHP.

The officer wrote "22349(b)vc speeding excess 55mph #2 lane." In the max speed section he wrote "55." Please let me know if I'm missing any pertinent details.

My hopes are that I can get it dismissed based on the fact that I was not on a 2 lane highway; however, I may be missing some aspect of the law that keeps the citation relevant. I'm not sure.

[That Guy]

I believe the posted limit was 55mph.

You believe or you know?

Reason I ask is because it makes a big difference... Well, there are two ways it could be looked at:
1) Either the 55mph limit is a prima facie limit, established pursuant to some ordinance and based upon the results of an Engineering and traffic Survey, and in this case, it must be posted periodically for it to be enforceable; or,
2) It is not posted and -as a multi lane highway- it then defaults to 65mph.

I will tell you that I used Google Street Maps and scrolled northbound up the Old Road and did not see any speed limit signs but in your case, it may have been posted before the intersection at Valencia Blvd... Also, Google Streets view always comes with a caveat, the images are, at minimum, a year or more old. In fact, in this case, here is a perfect example... You've got a split screen with the top portion showing the Old Road at Street Level with images from back in December of 2007, showing two lanes in one direction whereas the bottom portion showing an aerial view with images from just recently in 2012. And with people crashing into them, construction always and often going on, signs do come and go

There is one important detail that you left out... Did he mark on your citation or discuss with you at all, the method he used to estimate your speed?

And a question that just happen to pop in my head, the location of the violation as it is marked on your citation is... what?


EDITED TO ADD: And as you may see from the view in this image, they are still in the process of finishing up construction on the side walks and center islands, meaning, with the images being dated as 2012, this is fairly new construction... It is inconceivable that Caltrans will slack as much as not to even have construction zone signs up and those usually aren't coming down until the permanent signs are ready to go up. Additionally, and with them redoing the entire stretch of the Old Road, my guess is if there is a survey to be done, it has not been conducted as of yet, meaning they have no idea what speed limit to post as of yet.

I'm actually just thinking as I type.. And now that i think about it, it is unlikely that Caltans is running this project... My guess is it is either Los Angeles County Department of Public Works doing the work as part of their jurisdiction over an unincorporated area of the county, or that they are doing the work on bhalf of valencia/Santa Clarita/Canyon Country or whatever municipality that happens to fall into.

So you might get pretty lucky here.. We'll see.

I need to check some of my notes for contact numbers to LADPW and I will post those later on tonight.

[RubiOn35s]

Awesome. Again, your feedback/ time and energy is much appreciated. I dont remember what the exact speed limit was, so I will drive by tonight on my way home and look for signs along the Old Road. The cross streets that the Officer noted on the ticket are the Old Road and Silver Aspen Way (just a bit south of the link that you included in your last post.

He did mark on the ticket the method that he used to calculate my speed, but he scribbled it and I cant really read it. If you are used to looking at these, I would be happy to provide a picture of that portion of the ticket and you can take a shot at it if you'd like.