Judge Glen M. Reiser

for ignorance of the law
"above and beyond"

Defendant was cited for violation of Vehicle Code section 22349(b) (i.e., exceeding the 55 mph maximum on a two lane undivided highway) while on the freeway section of State Highway 33 between Ventura and Ojai (posted 65 mph). On the ticket, the officer wrote the speed limit as 55.

At trial the officer testified that:

• The highway was four lane divided.
• The limit was 65 mph, not 55 mph.
• He had cited the defendant for the wrong section.

The officer asked Judge Reiser if he should not amend the citation to a 22349(a)?

Judge Reiser said it would not be necessary and found the defendant guilty.

The Appellate Division ruled that the evidence at trial was not sufficient to support a conviction under 22349(b) and reversed Judge Reiser.