There is nothing in the CA Vehicle Traffic Code that links your speed to reckless driving. However, the law enforcement officer (LEO) issuing the ticket for speeding 100+ mph, could consider your speed a “…willful or wanton disregard for the safety of persons or property” and therefore you may be, “guilty of reckless driving,”as stated in CA Vehicle Code (CVC) 23103, Driving Offenses.Reckless driving in CA is a misdemeanor, whereas speeding 100+ mph is an infraction. CVC 22348, Speed Lawsstipulates that an individual driving “…at a speed greater than 100 miles per hour is guilty of an infraction…”It goes on to describe some very severe penalties. However, a judge might consider the issuance of two traffic tickets for the same violation as redundant and dismiss the reckless driving charge. Whether you are charged with reckless driving or speeding 100+ mph, both have a mandatory court appearance by you or your attorney, and you need the advice and counsel of a traffic ticket defense attorney.
Severe Penalties of a Speeding 100+ MPH Conviction
There are five severe penalties for speeding 100+ mph:
#1 – A base fine of between $300 and $500
The base fine as described in CVC 22348 (b) (1), (2), and (3) is what was written into the traffic code, approved by the CA Legislature, and signed into law by the Governor. Since then, the CA Legislature and Governor have approved ten separate assessments, fees, or surcharges to be tacked onto the base fine, as shown in figure 1 below. Some county court judges add an additional $100 for every mph over 100, which will bring your total fine between $900 and $2600. A second conviction within three years of the first carries a base fine of $750 and the total is over $3000. A third conviction within a five-year period of two others garners a base fine of $1000 and can reach a total over $5000.
#2 – Driver’s License (DL) Suspension
A first offense conviction can result in the judge using the discretion given in CVC 22348 & 13200.5, which is a 30-day automatic DL suspension. A second conviction within three years of the first allows the judge to suspend or restrict for work a DL for six months, according to CVC 13355. Further, a third conviction within a five-year period of two others will result in a one-year suspension or work restriction. Following any period of suspension, the driver must apply for and pay the reinstatement fee (usually $125, but it depends on the county).
#3 – A Mandatory Court Appearance
Receiving a ticket for speeding 100+ mph requires a mandatory court appearance. If you make the arraignment and plead not guilty, which is very strongly recommended, you will need to make another date to come back. That’s two days off from work and a possible loss of salary. However, by hiring an attorney, there is no requirement for you to appear.
#4 – Two Negligent Operator Treatment System (NOTS) Points
If you are convicted, the DMV will assess two NOTS points which will stay on your motor vehicle driving record (MVR) for up to seven years. And, you are just two NOTS points away from a six-month DL suspension and concurrent 12-month probation. Traffic school is not possible with a 100+ mph ticket.
#5 – Increased Insurance Premiums
When your auto insurance comes up for renewal, your insurance company will either raise your premium two or three times what it is or cancel it. The average Californian pays $1960 annually (this depends on coverage and several factors, such as age, where you park, how far you drive to and from work, etc.) for auto insurance, so you could wind up paying $4000-6000 per year for insurance or choosing less coverage. However, if you have a credit lien on your vehicle that may not be an option.
Figure 1 - Base fines with added penalties *$500 is usually the max base fine for a first offense
Barstow, CA Traffic Ticket Defenders
If you receive a ticket for speeding 100+ mph, reckless driving, or another traffic ticket in San Bernardino County, call Bigger & Harman, (661) 349-9300, to discuss your options. Even a minor infraction such as a red-light ticket can cost close to $500 for the fine and increase your insurance premiums for the 36-39 months the ticket will stay on your MVR.
Email attorney@biggerharmanlaw.com and let us look over your situation, develop a strategy, and tell you what we suggest. Include a scanned copy of your ticket as an attachment and tell us as much as possible about the stop.
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References:
The 2018 CA Driver Handbook .pdf
The DMV.CA.GOV portal