Multilane freeways in urban areas throughout our state typically have a 65-mph speed limit; however, that limit is often raised to 70 mph in rural areas. And because drivers have a duty to operate their cars in a way that keeps others safe, law enforcement may ticket them anytime they are driving above the posted speeds.
The faster you drive over the speed limit, the higher the potential for a dangerous and possibly fatal crash. Driving over 100 miles per hour on the expressway is a reckless disregard for the safety of others and carries steep penalties according to California vehicle code §22348(b).
What Is the Penalty for Driving Over 100 MPH in California?
Driving faster than 100 miles per hour is technically only an infraction under California Vehicle Code §22348(b), but the consequences are severe. In fact, the penalties for speeding to this degree are comparable to driving under the influence (DUI), which is a misdemeanor.
If you are cited for driving over 100 mph on a California highway, you will face both fines and a potential suspension of your license. Additionally, you will have to appear in court, and the DMV will add two points to your driving record.
How High Are the Fines for Violating VC §22348(b)?
When you appear in court, the judge will order you to pay a fine. The maximum fines for driving over 100 mph increase with each new violation:
- First offense: Up to $250
- Second offense in the last three years: Up to $750
- Third offense in the previous five years: Up to $1,000
Will My License Be Suspended?
As with fines, the court has the authority to suspend your license if it deems this a fitting punishment for violating VC section §22348(b) the first time. The duration of the suspension increases and becomes mandatory for second and third offenses:
- First offense: The court has the discretion to suspend your license for up to 30 days.
- Second offense within three years: Your license will be suspended or restricted to employment-related driving for six months.
- Third offense within five years: Your license will be suspended or restricted to employment-related driving for one year.
Will I Get Points on My License for Driving 100 Miles Per Hour?
The California Department of Motor Vehicles (DMV) puts points on your driving record when you receive a traffic violation. For most infractions and accidents, they will add one point that stays on your record for three years.
Echoing the gravity of this particular violation, driving over 100 mph on the freeway will garner you two points. These will remain on your driving record for seven years and could result in increased insurance rates.
The points are cumulative, and the state views you as a negligent operator if you acquire too many. They will suspend your license for six months if you get:
- Four points in one year
- Six points in two years
- Eight points in three years
Can I Attend Traffic School to Avoid Points?
Courts often allow you to attend traffic school for speeding tickets or other minor moving violations. But, unfortunately, traffic school is not an option for individuals charged with driving more than 100 mph on the freeway.
Moreover, California courts refuse traffic school as an infraction remedy if you were involved in an offense that requires a court appearance. This includes a violation of California VC §22348(b).
What Happens if I Don’t Go to My Mandatory Court Appearance?
After receiving your traffic ticket for driving faster than 100 mph, either you or your attorney must appear in court. If you willfully disregard this order, you could face a misdemeanor charge and further penalties. These may include up to:
- Six months in county jail.
- An additional $1,000 fine.
Can I Fight a Ticket for Driving Faster than 100 MPH?
Penalties are not imposed immediately but are administered later by a judge. Therefore, your mandated court appearance could be 30 days or more after the incident, which gives you time to prepare a defense.
Even if the police used radar to demonstrate that you were driving over 100 miles per hour, you might have grounds to challenge your ticket. During your court appearance, you or your attorney might present evidence that:
- You were speeding in response to an emergency.
- The officer was misusing the radar gun.
- There was another object between your car and the radar gun that skewed the results.
- An improperly calibrated radar gun produced an incorrect reading.
Get the Representation You Deserve with One of Our Skilled Attorneys
It’s not always easy to navigate the court system and fight for justice on your own. If you were charged with driving faster than 100 mph on a California roadway under vehicle code §22348(b), you need an experienced attorney from the Simmrin Law Group in your corner.
You may be able to avoid the steep fines and other penalties that you face when you hire us to be your representation in court. Contact us today so we can investigate your incident and get started building your defense right away.