Driving above the speed limit on any California highway may lead to a traffic ticket and points on your DMV record. If you're speeding significantly over 100mph, the violation is classified under a different category under a specific law.
California Vehicle Code 22348(b) VC assigns severe penalties and fines for exceeding 100mph on a highway, including extra points on your record, a mandatory court appearance, and possible driver's license suspension.
Recognizing these serious consequences can help you understand the importance of careful driving and legal awareness. VC 22348(b) states that driving over 100 miles per hour on a highway is an infraction subject to penalties.
The first offense can lead to a fine of up to $500 and a license suspension of up to 30 days. If caught again within three years, the penalties increase to a fine of up to $750 and a license suspension by the DMV as per subdivision (a) of Section 13355.
If a third offense occurs within five years, the individual faces a fine of up to $1,000 and may have their driver's license suspended for one year.
Points on Your DMV Record
Also, a VC 22348(b) conviction will add two points to your DMV record. If you accumulate four points in one year, six points in two years, or eight points in three years, you risk having your negligent operator license suspended.
If you're accused of speeding over 100 miles per hour, you must go to court unless you hire an attorney to represent you.
Although VC 22348(b) makes driving over 100 mph on a freeway illegal, it is classified as an infraction, not a crime. A conviction will affect your DMV driving record but not your criminal record. Relevant California laws include:
- Vehicle Code 23103 VC - reckless driving, and
- Vehicle Code 23109(a) VC - exhibition of speed.
If you fail to appear in court, you may be charged with Vehicle Code 40508 VC for failure to appear, which is a misdemeanor. Let's examine this law more closely.
What are the Penalties Associated with VC 22348(b)?
The penalties for going over 100mph on a California freeway differ and are influenced by your driving history and actions following the citation. Here are the potential penalties if you are convicted:
- A fine for a first offense cannot exceed $500.
- The fine for a second offense within 36 months is up to $750.
- A fine for a third offense committed within five years can be up to $1000.
- License suspension for a first offense can last up to 30 days.
- A second offense within 36 months results in a six-month license suspension.
- A license suspension occurs after a third offense within five years, lasting one year.
- Each violation adds 2 points to your DMV record.
If you have amassed additional points, it may affect your driving privileges. Consider the following:
- 4 points over 12 months,
- Achieve 6 points within 24 months, or
- 8 points over a period of 36 months.
If that happens, the DMV could label you a "negligent operator," resulting in a six-month license suspension and a one-year probation.
Can I Remove Points for Attending Traffic School?
Usually, drivers can attend traffic school for driving infractions to avoid a point being added to their DMV record, which can often lead to higher car insurance rates.
However, offenses such as VC 22348(b), which require a court appearance, may not qualify. Clarifying these criteria helps readers make informed decisions about their defenses and options.
However, this option does not apply to offenses that require a court appearance, such as VC 22348(b). If you are unable to have the infraction dismissed in court, the points will be added to your DNV record.
What Are the Possible Defenses?
An experienced California criminal defense lawyer might employ various strategies when defending against charges of driving over 100mph on a freeway, including challenging the accuracy of speed measurements or presenting emergency circumstances.
Addressing these defenses helps readers understand their options and feel more prepared to contest the charge. We might challenge the reading by presenting evidence that the radar gun was properly calibrated but still reported an incorrect speed.
Alternatively, we could suggest that the police officer misused the radar gun or that interference from nearby objects, such as cars or trucks, affected the reading.
Maybe we can demonstrate that you faced an emergency and plead "guilty with an explanation." Alternatively, we might explain why you needed to go over 100mph to help reduce or dismiss the charge.
We might be able to reach a favorable resolution after reviewing the case details. You can contact us for an initial consultation by phone or via the contact form. Eisner Gorin LLP is based in Los Angeles, CA. Seeking experienced legal help can provide reassurance and improve your chances of a better outcome.
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