Re: CVC 22349(a) vs. CVC 22349(b)
Not until now ... missed this thread in July.
CVC 22349(a) was inappropriate for 55 in a 45. If that charge is not amended prior to trial, then you should prevail by virtue of the fact that the state cannot meet the elements of the offense. I'd bring in copy of the relevant section and also present a copy of the citation you received to prove that the officer cited you for 22349(a) in a 45 MPH zone.
You should prevail ... unless the cite is amended to CVC 22350 (and 22348(a) would not apply).
A Nor Cal Police Sergeant
"Make mine a double mocha ...
... and a croissant!"
Walk humbly with your God
-- Courageous, by Casting Crowns