Speeding is a common traffic offense in California and across the USA. In fact, it is the most commonly issued traffic ticket globally.
However, excessive speeding 100+ mph can be particularly dangerous and could result in severe consequences other than fines. Under California law, it is illegal to drive at a speed that is unreasonable or unsafe, given the road conditions. In addition, it is illegal to drive at a speed that exceeds the posted speed limit.
CA Vehicle Code (CVC) Section 22348 (b), Speed Laws makes it a major infraction.
“A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction…”
When ticketed for excessive speeding 100+ mph, you incur a mandatory court appearance. You incur a mandatory court appearance when ticketed for excessive speeding 100+ mph. You or a CA licensed attorney must appear in CA Superior Court in the jurisdiction where you were ticketed.
If convicted, the fine could be between $900 and $2,500. Although CVC 22348 (b)(1) states a “…fine not to exceed five hundred dollars ($500).” This section of code was written in 1959. Since then, the state legislature has approved ten (10) county and state penalties, surcharges, and assessments that allow them to finance DNA, EMS, and EMT funding, courthouse construction, night court, and many others, which will make the fine up to five times the original base fine.
Preventing Excessive Speeding 100+ MPH
There are several steps that drivers can take to prevent excessive speeding and stay safe on the road. These include:
- Obeying traffic laws, speed limits, and traffic control devices
- Maintaining a safe following distance
- Being mindful of weather and road conditions
- Wearing a seatbelt and ensuring that all passengers do the same
However, despite following the above guidance, unforeseen events occur, and mistakes are made—not just by drivers but sometimes by law enforcement officers (LEO) and the devices they use to measure speed.
CA laws establish how often a RADAR/LIDAR speed measuring device must be calibrated and how much training a police officer must receive. Those laws are not always followed. That’s why it is crucial to consult with a qualified CA traffic attorney immediately. Although your court date could be months away, it takes time to subpoena documents and build a case.
Consequences of an Excessive Speeding 100+ MPH Conviction
The consequences of excessive speeding in California depend on the specific circumstances of the case and the driver's prior driving record. Traffic court judge could automatically suspend your driving privileges for up to 30 days after a conviction or 60 days if you have a prior conviction for any speeding offense.
Penalties for Excessive Speeding 100+ MPH in California
In addition to the potential fine of up to $2,500, drivers convicted of excessive speeding may also face various other penalties. These may include:
- Points on their driving record: Excessive speeding convictions carry two negligent operator treatment system (NOTS) points on their motor vehicle driving record (MVR), which can result in higher insurance premiums for up to seven years, and those two NOTS points are halfway to a six-month suspension and twelve months of probation of driving privileges.
- Increased insurance premiums: Insurance companies could double or triple a driver's premiums or even cancel their policy after an excessive speeding conviction.
- Immediate driving privilege suspension: CVC 22348(b) gives Superior Court judges the discretion to suspend the driver’s license for 30 days immediately.
Drivers should consult a traffic attorney to avoid these potential penalties. The driver that thinks they cannot afford an attorney to defend an excessive speeding 100+ mph charge is in for a rude awakening. You could save more than $10,000 in increased insurance premiums by getting a dismissal or reduced charge.
Defenses for Excessive Speeding 100+ MPH
There are several defenses that an attorney might raise in response to an excessive speeding charge. One defense is that the driver was not actually speeding over a hundred. Sometimes doubt can be established that the speed was actually over 100 MPH. Other times the case can be completely dismissed on technicalities.
Another defense is that the driver's actions were necessary to avoid a greater danger. For example, if a driver was speeding to escape road rage or an armed pursuer, their lawyer might be able to argue that their actions were justified.
Finally, a driver may be able to challenge the accuracy of the RADAR/LIDAR evidence against them. For example, if the driver was charged with excessive speeding based on a device that was not calibrated or the law enforcement officer was not adequately trained.
For more information, read our blog post, I Was Ticketed for Driving Over 100 MPH in Barstow, CA.
Consult the Bigger & Harman Traffic Defense Team About Excessive Speeding 100+ MPH
Call Bigger & Harman at Bakersfield (661) 349-9300, use our website’s contact form to set up an appointment for a consultation quickly, or email us at attorney@biggerharmanlaw.com.
We have frequently represented drivers across CA for excessive speeding and are familiar with the Superior Court system in Barstow, CA. Contact our office to set up an appointment for a free consultation.
References:
The 2021 CA Driver Handbook English y Español.
CVC Section 22348, Speed Laws.