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VC 22356 was written to allow the 70MPH sections. 22349 is for all other highways (55/65).
If I was written under 22350, then your above declaration would have merit. Still, I'm not sure how 3MPH over can really constitute speeding. It's easy to be 3 over on a analog speedo. As for the CHP, he probably had a digi speedo, but he was speeding to change two lanes and catch up!
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