Speeding on any California highway could result in a traffic ticket, but if your speed exceeds 100mph, it's placed in a higher category.
California Vehicle Code 22348(b) VC would impose harsh penalties if you were driving over 100mph on a highway. This includes additional points on your DMV record, a mandatory court date, a driver's license suspension, and potentially other penalties.
VC 22348(b) says, “Anyone who drives a vehicle upon a highway at speed greater than 100 miles per hour is guilty of an infraction punishable by a fine of up to $500 for a first conviction and a driver's license suspension for up to 30 days. Another conviction within three years will result in a fine of up to $750 and a license suspension by the Department of Motor Vehicles under subdivision (a) of Section 13355.”
Suppose you have a third offense within five years. In that case, you could be fined up to $1,000 and have your driver's license suspended for up to one year. While a violation of VC 22348(b) is illegal, it's not considered a crime but rather an infraction.
A conviction for driving over 100 miles per hour will get two points on your DMV record. Suppose you get four points within 12 months, six points within 24 months, or eight points within 36 months. In that case, you could get a negligent operator license suspension.
Unlike a traditional traffic citation, if you are accused of speeding over 100 miles per hour, you will be required to appear in court unless you hire a lawyer to make the appearance.
Suppose you fail to appear in court as ordered. In that case, you could face failure to appear charges defined under Vehicle Code 40508 VC, a misdemeanor. The related laws include the following:
- Vehicle Code 23103 VC - reckless driving, and
- Vehicle Code 23109(a) - exhibition of speed.
What Are the Penalties for VC 22348(b)?
The penalties for exceeding 100mph on a freeway depend on different factors, such as your driving record.
There is a fine for any citation issued for exceeding 100mph, such as the following:
- First offense is up to a fine of $500;
- Second offense within three years is a fine of up to $750;
- Third offense within five years is a fine of up to $1000.
You should also expect to have your driver's license suspended as follows:
- First offense is up to a 30-day suspension;
- Second offense within three years is up to six months;
- Third offense within five years is up to one year.
All violations of VC 22348(b) will result in 2 points added to your DMV record, which typically increases your car insurance rates.
Suppose you have accumulated other points recently. In that case, this might impact your driving privileges. The DMV could declare you a "negligent operator" if you accumulate::
- Four points within 12 months;
- Six points within 24 months; or
- Eight 8 points within 36 months.
Suppose you are declared a negligent operator. In that case, it will result in a six-month license suspension and a 12-month probation period.
Further, you must appear in court to answer for the exceeding 100mph infraction but could retain a lawyer to make the appearance. Suppose you don't appear in court.
In that case, you could be charged with Vehicle Code 40508 VC failure to appear, a misdemeanor. Finally, attending traffic school will not remove the points from your DMV record.
What Are the Defenses for VC 22348(b)?
Suppose you received a citation for driving over 100mph on a California freeway. In that case, our Los Angeles criminal defense lawyers could use different strategies to obtain the best possible outcome, as discussed below.
Maybe we can argue that the police officer inaccurately clocked your speed. Police typically use radar to record highway speeds by vehicles. While radar readings are expected in court, they are not always accurate.
Maybe we can cast doubt over the accuracy of the readings. For example, the radar gun might need calibration and return an incorrect speed. Perhaps the police officer did not use it correctly, or some objects, such as other vehicles or large trees, might have interfered with the reading.
Maybe we can argue that you had an emergency or another reason to justify your speed. Perhaps we can negotiate a reduced charge, a favorable resolution, or dismiss the case.
You can contact our law firm for a free case evaluation by phone or using the contact form. Cron, Israels & Stark is located in Los Angeles, CA.