Vehicle Code 22348(b) VC - Driving Over 100 mph on a Freeway
California Vehicle Code 22348(b) VC imposes stiff penalties for driving over 100 miles per hour on a freeway. For example, you could be fined up to $1,000, face a possible driver's license suspension, and receive two points on your license.
In other words, if you are cited for speeding more than 100mph, you are in a higher category than a traditional speeding ticket. VC 22348(b) is a specific law with harsh penalties if caught exceeding 100mph on a California highway. Simply put, high-speed violations carry more severe penalties.
As noted, not only will you face having to pay a significant fine, but you will also have a mandatory court date and other penalties.
Vehicle Code 22348(b) says, “A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction punishable as follows:
(1) Upon a first conviction of a violation of this subdivision, by a fine not exceeding five hundred dollars ($500). The court may also suspend the person's privilege to operate a motor vehicle for a period not exceeding 30 days under Section 13200.5.
(2) Upon a conviction under this subdivision of an offense that occurred within three years of a prior offense, resulting in a conviction of an offense under this subdivision, by a fine of not to exceed seven hundred fifty dollars ($750). The person's privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (a) of Section 13355.
(3) Upon a conviction under this subdivision of an offense that occurred within five years of two or more prior offenses resulting in convictions under this subdivision, by a fine of not exceeding one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (b) of Section 13355.”
VC 22348(b) violations are considered an infraction, not a misdemeanor or felony, meaning they will not be listed on a criminal record but can impact your driving record.
Driving Over 100 mph on a Highway – Quick Facts
There are some essential quick facts you should know about California Vehicle Code 22348(b) VC driving over 100 miles per hour on a highway, including the following:
- A first offense will result in a ticket with a fine of $500 and up to 30 days of driver's license suspension.
- A second offense within three years carries a maximum fine of $750 and a possible license suspension of six months.
- A third offense within five years carries a fine of up to $1,000 and a possible license suspension of one year.
- A conviction will result in two points on your DMV record.
- If you get four points within 12 months, six points within 24 months, or eight points within 36 months, you risk getting a negligent operator license suspension.
- You will be required to appear in court unless you retain a lawyer to make the appearance on their behalf.
- If you fail to appear in court as ordered, you could face misdemeanor charges of Vehicle Code 40508 VC failure to appear.
What Are the Standard Penalties for Violating VC 22348(b)?
The standard penalties for exceeding 100mph on a California freeway will vary, depending on case details and your driving history. Below is a review of the standard penalties you should face after receiving a citation.
There is a standard fine for any ticket issued for exceeding 100mph, such as the following:
- The first offense is a maximum fine of $500;
- Second offense within 36 months is a maximum fine of $750;
- Third offense within five years is a maximum fine of $1000.
Driver's License Suspension
On top of the above fines, a driver's license suspension is another standard penalty. The length of the suspension is:
- The first offense is up to 30 days;
- Second offense within 36 months is up to six months;
- Third offense within five years is up to one year.
Points on DMV Record - Negligent Operator Status
Violations of VC 22348(b) will result in two points to your DMV record, which will typically cause an increase in your car insurance rate.
The accumulation of too many points could impact driving privileges. For example, the DMV may declare you a "negligent operator" if you accumulate the following:
- Four points within 12 months;
- Six points within 24 months; or
- Eight points within 36 months.
Suppose you are declared a negligent operator. In that case, you could face a six-month driver's license suspension and a 12-month probation period.
Mandatory Court Appearance
Suppose you are cited for exceeding 100mph on a California highway. In that case, you will be required to appear in court to answer for the infraction unless you retain a lawyer to make the appearance on your behalf.
Suppose you do not appear in court as ordered and ignore the ticket. In that case, you could be charged with Vehicle Code 40508 VC failure to appear, a misdemeanor crime that carries up to 6 months in jail and a $1,000 fine.
Can You Attend Traffic School?
Often, when someone receives a speeding ticket, they will attend a traffic school to avoid getting points on the DMV driving record, which is to avoid an insurance rate increase.
However, if you are cited for VC 22348(b) speeding over 100 miles per hour on a California freeway, you are generally not eligible to attend a traffic school. If you cannot get the infraction dismissed in court, the points will appear on your driving record.
What are the Related Laws?
Several California laws are related to Vehicle Code VC 22348(b), such as the following:
- Vehicle Code 23103 VC – reckless driving;
- Vehicle Code 22350 VC – basic speeding law;
- Vehicle Code 22349 VC - speeding over 65 mph;
- Vehicle Code 22356 VC – driving over 70 mph on a freeway;
- Vehicle Code 22362 VC – speeding in a construction zone;
- Vehicle Code 22354 VC – speeding on a freeway;
- Vehicle Code 23109(a) – exhibition of speed.
How Can You Fight a 100 MPH Ticket?
There are some legal defenses to charges of driving over 100mph on a freeway an experienced California criminal defense lawyer could use, such as the following:
- The officer clocked your speed inaccurately. Police typically use a radar to clock highway speeds, but these devices are not foolproof.
- The radar gun needed to be calibrated, and it returned the wrong speed;
- The officer improperly used the radar gun;
- Other objects interfered with the radar reading, such as trees, poles, large big-rig trucks, or other vehicles;
- You were driving over 100 mph due to an emergency.
Perhaps we can negotiate a favorable resolution and reduce or dismiss the infraction. We offer a free case evaluation. The Hedding Law Firm is located in Los Angeles, CA.
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