Speeding Over 100 mph-Barstow, Fontana, Needles, Victorville
California Vehicle Code Section 22348(b)
Fine Penalties, Points & Driving Restrictions
If you have received a speeding ticket for a violation of California Vehicle Code Section (CVC) 22348(b) - driving in excess of 100 MPH - while traveling along Interstate 15 (I-15), Interstate 40 (I-40), or any other freeway or highway in California, you can be assessed a base fine amount of up to $500.00 on a first-offense, up to $750.00 for a second offense within a three-year period, and up to $1,000.00 for a third offense within a five-year period of time, if convicted. In addition to the statutory base fine, the state and county will add penalty assessments which as of January 1, 2016, would bring the total amount of bail / fine monies owed on a first offense to over $850.00 - a conviction for a second offense would require bail / fine monies to be paid to the Court, which would exceed $1,000.00! In addition, the following penalties may also be incurred upon a conviction of CVC 22348b...
- Two points on your California DMV record - the points will remain on your DMV record for up to seven (7) years.
- A judge or commissioner, at his or her discretion, has the authority to suspend your driver's license for up to 30 days, even on a first offense; on a second or third offense within a three or five year period respectively, the Department of Motor Vehicles (DMV) will issue a license suspension or a restricted right to drive for 6 months (second offense) or 1 year (third offense) - this suspension or restriction is authorized under California Vehicle Code section 13355.
- You are NOT eligible to attend traffic school for this violation.
- Insurance Penalties: The negligent operator points added to your DMV record are serious, because most insurance companies consider not only the points incurred, but the way in which they were incurred - speeding in excess of 100 MPH.
A driver must apply to have their license reinstated - and pay a reinstatement fee of approximately $125 - following any period of license suspension by the DMV. In addition, your auto insurance premiums may jump by as much as two to three times what they are now - and remain there for several years - when your policy comes up for renewal. Some carriers have also been known to cancel insurance policies, and decline to send an offer of renewal that is typically received by drivers via US Mail.
Could You be Charged for Reckless Driving for Speeding in Excess of 100 MPH?
A law enforcement officer has the discretion to issue you a citation for Reckless Driving (a Misdemeanor charge) whenever he considers the operation of your motor vehicle to be a “…willful or wanton disregard for the safety of persons or property” as outlined in California Vehicle Code (CVC) Section 23103. For example, our office has successfully handled multiple traffic matters over the years where clients have been cited for having traveled in excess of 120 + MPH. While there was no personal injury or property damage that occurred in these cases, the clients would have all been candidates for a Reckless Driving charge just based upon the fact that their vehicles were traveling at such a high rate of speed on a highway surrounded by other vehicles (all moving at a much slower rate of speed) carrying a variety of passengers. It would be reasonable to assume the traffic defendant had either a "willful or wanton disregard" for the safety of other motorists or their property. Fortunately, the citing officers in these cases did not re-allege the more serious charges, and instead, prosecuted the cases as traffic Infraction charges only.
Mandatory Court Appearance
You will also be required to make a mandatory appearance in the Superior Court in which your case is assigned. For example, if you are cited anywhere in the high desert area of the I-15 or I-40 freeways, you will be required to appear in the Barstow Superior Court - whether or not you plan to contest the traffic ticket. You will not have the option of just posting your bail monies and forfeiting your day in court. Important Note: If you retain an attorney in a timely manner to contest your 100 MPH + traffic citation, then you personally WILL NOT have to appear at any of the court proceedings, including the initial court date on your traffic ticket. California Penal Code Section 977 allows a licensed attorney to make any and all necessary court appearances in your absence!
General Issues
You can’t demand a jury trial and you are not entitled to a court-appointed lawyer. On the bright side, jail cannot be imposed as the original penalty. If you are pulled over for allegedly speeding, do not admit guilt. For example, the officer may ask you, "do you know why I pulled you over?" OR “how fast do you think you were going?” - there is no creative or good way to answer these types of questions. You have the right to remain silent - so simply state that you are exercising your right to remain silent, be polite, and accept the ticket if the officer plans on issuing you one. In other words, do your best not to stand out in an officer's mind. By the way...offering a bribe to a law enforcement officer is considered a Felony!
Defense Strategies
We will coordinate all the court appearances in your absence, review all the evidence, and raise any constitutional or evidentiary defenses appropriate, that are available under the law. For example, we have found that drivers cited for traveling between 100 – 109 miles per hour are oftentimes - but not always - "paced" by the officer or the speed is visually estimated. Attacking the method used to establish the driver's speed can be an effective way to undermine the credibility of the evidence against you. If the citing officer(s) cannot prove his case beyond a reasonable doubt, you would be eligible for a dismissal. In the majority of past cases we have handled of this nature, our office has been able to avoid any type of driver's license suspension, negotiate a reduction in charges, establish a client's eligibility to attend traffic school, or obtain an outright dismissal!
Since everyone's case is unique to that individual and the specific circumstances, you should consult with a competent Traffic Defense attorney to determine your best course of action. Our office has expertise in this area of the law, and we encourage you to reach out for a FREE consultation.
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