Wrong Violation, VC 22349b

My question involves a traffic citation from the state of: California

I was pulled over in southern california for allegedly speeding on a highway that had two lanes on each side seperated by a painted median. This is a four lane undivided highway.

He said he clocked me at 64 in a 55 mph zone...which I know I wasn't going that fast. When he gave me the citation, it read that I was being charged with 22349b. Upon further research, here is the charge...

Quote:

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22349(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.

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I know why he charged me with that. About a year ago, they reconstructed a whole section of the road that I was caught on. Back then, it was a two lane undivided highway. I guess they decided to use the same violation code that they had back then for the old road design for this new road. Every single day the police are always at the same spot catching people left and right for the same exact violation that I got.

If i was to go to court and contest that this was a four lane undivided highway, what are the chances that this will get dismissed?

Also, if I brought this up to the judge, is he legally able to change the cvc violation during the trial? If so, should I request for a reschedule of a court date so I can get a fair trial? (preparation for the new violation code I'm being charged)

Sorry if I sound like an amateur at this. This is the first time I plan on fighting this ticket and I was hoping you all can help me.

Thanks.

I would expect either that the court will allow the amendment, or that the prosecutor would simply dismiss and refile. I doubt that the court, having granted a petition to amend to another speeding offense, would grant an adjournment if the only issue is the number of lanes on the road, as that does not appear in any way relevant to the speed at which you were traveling. If you believe that something about the amended charge may affect your defense, be prepared to argue that to the court.