California Vehicle Code 22348 (b) imposes the penalties for driving over 100 miles per hour on a California freeway.
There are five important points to know about driving over 100 miles per hour.
- The base fine for this offense ranges from $500 to $1,000
- The offense can result in a license suspension for 30 days to one year.
- A motorist driving over 100 miles per hour will also receive two points on his DMV record. You risk getting a negligent operator license suspension if you get 4 points in 12 months, 6 points in 24 months or 8 points in 36 months.
- Drivers speeding over 100 miles per hour must also appear in court. An attorney can be hired to handle the case in court. If so, the client does not need to be present in court.
- If no appearance is made, the driver will face a charge of failure to appear, per California Vehicle Code 40508, which can be charged as a misdemeanor.
In the article below, our California personal injury attorneys will address:
- 1. What happens if I drive over 100 miles per hour on a California highway?
- 2. Are there additional penalties if I violate Vehicle Code 22348 (b) VC?
- 3. What happens if I don't appear in court?
- 3.1 What is the violation of Vehicle Code 40508 VC?
- 3.2 What are the penalties for violating Vehicle Code 40508 VC?
- 4. Can I attend traffic school if I speed over 100 miles per hour in California?
- 5. Are there legal defenses if I drive over 100 miles per hour?
- 6. Is it a crime if I violate Vehicle Code 22348 (b) VC?
- 7. Are there laws related to VC 22348 (b)?
1. What happens if I drive over 100 miles per hour on a California highway?
California Vehicle Code 22348 (b) imposes specific penalties for those motorists that drive over 100 miles per hour on a California highway. These are:
- A first offense results in a ticket with a base fine of $500 and up to 30 days of license suspension.
- A second offense within three years of time results in a ticket with a maximum base fine of $750 and a possible license suspension of six months.
- A third offense within five years of time results in a ticket with a maximum base fine of $1,000 and a possible license suspension of one year.1
2. Are there additional penalties if I violate Vehicle Code 22348 (b) VC?
A motorist will face additional penalties if found guilty of driving over 100 miles per hour on a California freeway. These are:
- Points assessed on that driver's DMV driving record; and,
- A mandatory court appearance.
2.1 How many points are put on a driving record?
Violators of Vehicle Code 22348 (b) will receive two points on their DMV driving record.2 Points assessed on a motorist's record are reported to that motorist's insurance carrier. The result is typically an increase in the driver's insurance rates for several years.
If a person accumulates a certain number of points within a 1-,2- or 3-year period in California, the DMV can declare that person a negligent operator. If this is done, the DMV can suspend or even revoke that person's driving privileges. Either action requires a California DMV hearing.
2.2 Do I have to appear in court?
A mandatory court appearance means drivers must appear in court if they violate 22348 (b). Please note that an attorney can appear on a driver's behalf. This means a motorist doesn't have to go to court, personally, if he hires an attorney to represent him.
It's also advantageous to hire an attorney because:
- Prosecutors tend to offer better deals to defendants with lawyers; and,
- Defense attorneys are knowledgeable on how to get charge reductions and dismissals.
3. What happens if I don't appear in court?
Two things happen if you, or your attorney, do not appear in court. These are:
- You violate a new law, California Vehicle Code 40508 VC, for the failure to appear in court on a traffic citation; and,
- You may receive penalties for violating VC 40508.
3.1 What is the violation of Vehicle Code 40508 VC?
A person violates Vehicle Code 40508 VC if he willfully fails to appear in court.3
You willfully fail to appear when you are willingly a no show. It doesn't matter if you didn't intend to break the law.4
3.2 What are the penalties for violating Vehicle Code 40508 VC?
Violation of Vehicle Code 40508 VC is a misdemeanor. The penalties are:
- Up to six months in county jail, and/or
- A fine of up to $1,000.5
4. Can I attend traffic school if I speed over 100 miles per hour in California?
Motorists that receive speeding tickets often attend traffic school. A benefit of traffic school is that drivers can avoid getting any points on their driving record. This helps prevent an increase in insurance rates.
But, drivers caught speeding over 100 miles per hour typically cannot attend traffic school. This is because motorists are generally not eligible for traffic school if they were cited for a violation mandating a court appearance.6
5. Are there legal defenses if I drive over 100 miles per hour?
Vehicle Code 22348 (b) imposes the penalties for driving over 100 miles per hour on a California highway. Please note that these penalties do not get imposed immediately after a speeding ticket is issued. Motorists that receive a speeding ticket can challenge the ticket – even if driving over 100 miles per hour.
Two common defenses are:
- Showing that you were driving at an excessive speed because of an emergency.
- Finding fault in the way an officer found that you were speeding.
5.1 Can I fight a ticket even if a radar was used?
Police officers typically use radar devices to show that a driver was speeding. A strong legal defense then is showing that the radar device produced an inaccurate reading.
There are three ways to show this. These are:
- Showing that objects interfered with the radar beam (such as trees, trucks or other cars).
- Proving that the radar device was not calibrated properly.
- Demonstrating that the officer using the device did so incorrectly.
As to the first showing, note that a radar device measures speed by shooting out a beam at a target (here, a speeding car). The width of this beam increases with distance. As it increases, it's possible that the path of the beam will include other cars and objects. The result is that a car might appear as traveling faster than it was.
6. Is it a crime if I violate Vehicle Code 22348 (b) VC?
Vehicle Code 22348 (b) states:
A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction…7
Infractions under California law are not crimes and an offender is not subject to incarceration.
Please note, however, that motorists driving over 100 miles per hour may also commit another illegal act besides speeding (e.g., reckless driving). If this is done, the motorist may face criminal charges - depending on the other illegality committed.
7. Are there laws related to VC 22348 (b)?
There are three laws related to Vehicle Code VC 22348 (b). These include:
- California's "speeding laws;"
- Reckless driving; and,
- Speed contests/exhibitions of speed.
7.1 What are California's "speeding laws"?
"Speeding laws" refers to those California laws that impose penalties on motorists if driving too fast. Some of these include:
- The basic speeding law
- Absolute speed limits8
- "Prima facie" speed limits9
- Driving over 70 miles per hour
- Speeding in a construction zone
- Excessive speed on a freeway
Penalties for violating these speeding laws typically include a fine and one point assessed on the motorist's DMV driving record.
As to fines, the exact amount of a speeding ticket will depend on the speed at which the driver was driving. The amount will also include a base fine, fees, and penalty assessments.
If a driver exceeds the speed limit, but wasn't driving more than 100 miles per hour, then the base fine of a ticket will be:
- $35 if faster than the limit by 1 to 15 miles per hour
- $70 if faster than the limit by 16 to 25 miles per hour
- $100 if faster than the limit by 26 miles per hour
7.2 What is reckless driving under California law?
California Vehicle Code 23103 is the State's law on reckless driving. It makes it a crime to drive with wanton disregard for the safety of people or property.10
If no one other than the reckless driver is injured in the incident, VC 23101 is a California misdemeanor. It can be punished at most by:
- Five to 90 days in county jail, and/or,
- A fine of between $145 and $1,000.11
But the possible jail sentence and fine increase if the reckless driving causes an injury.12
And any reckless driving conviction will add two points to the driver's California DMV record.
7.3 What is a speed contest/exhibition of speed under California law?
California Vehicle Code 23109 (a) makes it a crime to willfully participate in a speed contest.
Also known as an "exhibition of speed," a "speed contest" is defined as a race against:
- Another vehicle; or,
- A clock or other timing device.13
If no one is injured, a speed contest is a misdemeanor. Punishment for a speed contest can include:
- 24 hours to 90 days in jail,
- A fine of between $355 and $1,000,
- Forty (40) hours of community service; and/or
- The suspension restriction of the driver's license for anywhere from 90 days to 6 months.14
Were you accused of driving over 100 miles per hour on a California freeway? Call us for help…
If you or someone you know has been cited for speeding, or has been injured in an accident in California, we invite you to contact us for a free consultation. We can be reached 24/7 at 855-LawFirm.
California Vehicle Code 22348 (b) VC and California Vehicle Code 13355 VC.
California Vehicle Code 40508 VC.
CALCRIM 2240, endnote 1: Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.
California Penal Code 19 PC. Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.
California Vehicle Code 22348 (b) VC.
For example, California Vehicle Code 22349 VC establishes two absolute speed limits of 65 and 55 miles per hour on California freeways.
For example, California Vehicle Code 22352 VC establishes two "prima facie" speed limits of 15 and 25 miles per hour.
California Vehicle Code 23103 VC:
“(a): A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) A person who drives a vehicle in an off-street parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.”
Vehicle Code 23103(c): “Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.”
California Vehicle Code 23104 (a) VC: “Except as provided in subdivision (b), whenever reckless driving of a vehicle proximately causes bodily injury to a person other than the driver, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both the fine and imprisonment.”
California Vehicle Code 23109 (a) VC.
California Vehicle Code 23109 (e)(1) VC.