An issue that could occur with speeding over 100 mph is that some law enforcement officers (LEOs) believe it is reckless and will write a second ticket for reckless driving, which is a misdemeanor.
Whether you receive a second ticket for reckless driving or not, speeding over 100 mph is a severe charge and must not be taken lightly. It is a major infraction with two negligent operator treatment system (NOTS) points. That is the same as reckless driving or driving under the influence (DUI). No other infraction in California has two NOTS points attached to a conviction—it’s that serious.
The sooner you consult with a traffic attorney, the better your odds of overcoming this charge. The worst possible scenario would be to put off speaking with an attorney and forget about your ticket and the mandatory court appearance.
Some traffic attorneys won’t even take a speeding over 100 mph case without enough preparation time and that makes sense. Further, if you forget about your ticket or miss your court reminder, you could face another misdemeanor charge of failure to appear (FTA). The odds would truly be stacked against you should that occur.
CA Vehicle Code (CVC) Section 40508, Release Upon Promise to Appear, states, “A person willfully violating his or her written promise to appear… is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.”
If you have a speeding over 100 mph ticket, stop what you are doing now, and call 349-9300 or 349-9755 (Se habla Español).
Speeding Over 100 MPH? My Car Won’t Even Do That—It’s Too Old
Many drivers think that the open roads out in Mojave, CA, are free of LEOs and the speed limit does not apply. That is far from true. The California Highway Patrol (CHP) has an office at 1365 State Highway 58 in Mojave, CA.
Another fallacy many drivers mistakenly make is that their car won’t go that fast. However, you could be traveling along Highway 58, keeping up with traffic at 80 or 85 mph, swing out to pass another car, and the next thing you know, one of California’s finest is asking to see your license, registration, and proof of insurance.
The next question they are liable to ask is, “Do you know why I stopped you today.” Don’t fall into the trap of answering that question. Even for a traffic stop, “you have the right to remain silent,” and not to incriminate yourself with a statement. You can take the fifth. Remember, most LEOs wear body cams now and can record your statement.
What Are the Consequences of a Conviction for Speeding Over 100 MPH?
As already stated, the DMV will assess two NOTS points that will remain on your motor vehicle driving record (MVR) for seven years.
What’s particularly devastating about that is the significant increase in your auto insurance premium. Most insurance providers will double or triple your premium after a speeding over 100 mph conviction. If you think hiring a traffic attorney is expensive, consider paying twice what you normally pay for insurance.
Those two NOTS points put you halfway to a six-month suspension of your driving privileges, which comes with a concurrent 12-month probation. Any traffic tickets, collisions, or FTAs during those 6/12 months could lead to additional severe penalties.
Plus, the judge has the discretion permitted in CVC 22348(a) to suspend your driving privileges for 30 days automatically. That could be extremely inconvenient in Mojave or anywhere out on the desert, where you can’t just jump on the Metro.
If you need more information about the consequences of speeding over 100 mph, download our eBook, 4 Unknown Consequences of Driving Over 100 MPH, or call our office at (661) 349-9300.
Talk to Bigger & Harman, the Bakersfield Traffic Ticket Defense Team
Use our time-saving contact form to set up a consultation, or email us at attorney@biggerharmanlaw.com. Please include a picture of your citation and a summary of the event. We’ll get back to you as soon as we return to the office.
References:
The 2021 CA Driver Handbook English y Español.
CVC Section 22348, Speed Laws & Section 40508, Release Upon Promise to Appear.
The Bankrate article, Average cost of car insurance in California for 2022.