Speeding under Vehicle Code 22349, California's maximum speed law, is one of the most common reasons drivers get pulled over, including right before a DUI investigation. I am Joel Brand, and here is what the statute sets, how the speed is proven, and why it matters in a DUI.
The text of the law
Vehicle Code 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.
What the statute sets
Section 22349 establishes the absolute maximum speed limits in California: 65 miles per hour on most highways, 55 on two-lane undivided highways unless posted higher, and (through the referenced Section 22356) 70 where specifically posted. Unlike the basic speed law, which is about driving too fast for conditions, 22349 is a flat numerical ceiling. Exceeding it is an infraction that adds one point to your driving record under the DMV point system.
How it differs from the basic speed law
It helps to understand the distinction. The maximum speed law (22349) is violated simply by exceeding the absolute limit, regardless of conditions. The basic speed law (22350) is violated by driving faster than is safe for the conditions, even if you are under the posted limit. The full comparison is in the difference between VC 22349 and VC 22350.
Why it matters in a DUI
Speeding is a frequent justification for the traffic stop that leads to a DUI investigation, and an excessive speed can also become a sentencing enhancement under Vehicle Code 23582 if you are convicted of the DUI. So the same speed allegation can play two roles: the reason for the stop, and an aggravating factor at sentencing. Both deserve scrutiny.
Challenging the speed measurement
The speed itself has to be proven, and speed evidence is not infallible. Radar and lidar require proper calibration and a trained operator. Pacing depends on the officer's own speedometer and a steady following distance. And for many posted limits, enforcement, especially by radar, requires a current engineering and traffic survey; without it, the radar evidence can be inadmissible under the speed-trap rules. Each of these is a genuine point of challenge, and I request the calibration logs, the operator's training records, and the survey for the location as a matter of course.
Challenging the stop
When speeding is the basis for the stop, I examine whether the speed claim genuinely justified pulling you over and whether the measurement is reliable. If the stop does not hold up, a motion to suppress under Penal Code 1538.5 can follow, and suppressing the stop can unravel the DUI, because everything the state has flows from that initial contact.
The speed-trap rules
California's speed-trap law deserves special mention because it is a powerful and underused defense. When a posted limit is enforced by radar without the required, up-to-date engineering and traffic survey, the speed evidence can be excluded entirely as the product of an unlawful speed trap. That can defeat the speeding charge and, where speeding was the stated basis for the stop, support a challenge to the stop itself. I check whether a valid survey existed for the location and the date in question.
Points, fines, and the record
As a standalone infraction, a speeding violation carries a fine plus assessments and one point, with higher fines and consequences for very excessive speeds. On its own it is minor, but combined with a DUI it adds to your record and can be addressed as part of the overall resolution. Keeping the point off matters for insurance and the DMV's negligent-operator thresholds.
How I use it
I look at whether the speed claim justified the stop, whether the measurement is reliable, whether a speed trap applies, and whether any excessive-speed enhancement truly attaches. It is part of the approach in my top DUI defenses and the defenses guide.
When speed is used to suggest impairment
Prosecutors sometimes use a high speed to argue that the driving itself showed impairment. That inference is weaker than it sounds. Plenty of sober drivers speed, and a clean driving pattern apart from the speed, no weaving, no near-misses, a normal response to the lights, actually cuts against the impairment theory. I make sure the speed is treated as what it is, a traffic violation, rather than allowed to stand in for proof of impairment that the prosecution must establish independently through the chemistry and the field evidence.
How a speeding count resolves
On its own, the speeding infraction is usually a minor part of a combined case. The realistic goals are to keep the point off your record, to defeat any excessive-speed enhancement, and to fold the infraction into the overall resolution of the DUI so it carries no separate sting. Where the speed evidence is unreliable or a speed trap applies, the citation can be dismissed outright. As with every part of a DUI, how the speeding piece is handled depends on the strength of the rest of the case, which is why I look at all of it together rather than in isolation.
Stopped for speeding and arrested for DUI? Let's talk.
The stop and the speed measurement may both be worth challenging, which is exactly what I review. Use the free case analysis on this page, or call me directly at (888) 271-6644. I answer my own phone, 24/7.