Information on the crime of speeding over 100 MPH is found in California Vehicle Code 22348(B).
VC 22348(B) Law
According to VC 22348(B), a person who drives a vehicle upon a highway at a speed greater than 100 miles per hour (MPH) is guilty of an infraction, punishable as follows:
First Conviction of VC 22348(B): An infraction, with a fine up to $500 and possible suspension of the driver’s driving privilege for up to 30 days (VC 22348(B)(1) Abbrev.).
Second Conviction of VC 22348(B) within 3 years of a first conviction: An infraction, with a fine up to $750 and suspension of the driver’s driving privilege (Not Optional) [VC 22348(B)(2) Abbrev.].
Third Conviction of VC 22348(B) within 5 years of two prior convictions for the same: An infraction, with a fine up to $1,000 and suspension of the driver’s driving privilege (Not Optional) [VC 22348(B)(3) Abbrev.].
Traffic School: A conviction for VC 22348(B) is not eligible for traffic school in California.
DMV Points: A conviction for VC 22348(B) [Driving Over 100 MPH] will result in two (2) points on the driver’s record with the Department of Motor Vehicle (DMV). Multiple points on a driver’s DMV record may also lead to more serious charges such as habitual traffic offender violations.
Related Offense: Driving with a speed of over 100 MPH may be charged as reckless driving (VC 23103) in some situations. Reckless driving is usually classified as a misdemeanor, as opposed to an infraction such as VC 22348(B).
Mandatory Court Appearance: Court appearance is mandatory after receiving an arrest or citation for VC 22348(B). A traffic court attorney or criminal defense attorney may appear for the defendant on the defendant’s behalf in most situations.
Failure to Appear: A driver who receives a citation for VC 22348(B) must appear in court or have his or her attorney appear in court on his or her behalf. The order to appear in court is found on the traffic citation itself. Failure to appear as ordered may result in further criminal charges and possible adverse findings on the VC 22348(B) charges (VC 40508)
No Jury Trial: The defendant who receives a traffic citation for VC 22348(B) is not entitled to a jury trial where a jury determines the guilt or not guilty status of the defendant (No right to a jury trial in cases where incarceration is not a listed punishment).
Court Trial: A court trial, or “traffic trial,” is where the judge alone decides the guilt or non-guilty of the defendant. The judge does this after hearing evidence from the arresting or citing officer. At a court trial, the defendant has a right to testify on his behalf, a right to call witnesses on his behalf, and right to cross-examine the testifying officer. The defendant also has the right to remain silent at a court trial.
No Right to Attorney: The defendant who receives an infraction citation for vehicle code 22348(B) violations is not entitled to an attorney by right. This is because the defendant’s liberty is not at stake in VC 22348(B) cases.
Nevertheless, the defendant has the right to retain independent counsel (lawyer) at his or her expense (Highly recommended in VC 22348(B) cases).
Note: San Bernardino County District Attorney files vehicle code 22348(B) charges as follows: “Infraction – VC22348(B)-I: Speed Limit – Over 100 MPH”
VC 22348(B) Defenses
How To Fight a Speeding Ticket
Every case is different; therefore, the defense to every speeding ticket is different. With this mind, common defense to VC 22348(B) violations include:
Emergency: Emergency defense arises where it is necessary to speed to avoid greater harm to persons or property, such as fleeing from a dangerous person or situation, or medical emergency.
Example: Emmanuel is driving over 100 MPH an hour because he is fleeing a dangerous stalker who has threatened to kill Emmanuel. Result: If Emmanuel is pulled over for speeding over 100 MPH and cited as such, he may defend with showing that it was necessary to speed to avoid greater harm than what would likely be caused by the speeding (i.e., his own demise from the pursuing stalking).
Insufficient Evidence to Prove Speed Over 100 MPH: When there is not enough evidence to prove the defendant was speeding over 100 MPH, then the judge must dismiss the criminal charges. For example, if the testifying officer testifies that the defendant was travelling only 90 MPH an hour, or if the defendant can prove that he was not travelling more than 100 MPH, then the criminal charges must be dropped.
Note: To prove a lack of speed, the defendant will usually use witness testimony from passengers, video evidence of the officer’s dashcam, or produce impeachment evidence against the testifying officer or officer equipment (i.e., officer was not well trained to use equipment or the radar or lidar equipment itself was not properly maintained or calibrated).
Testify Officer Does Not Appear: It is true that if the only testifying officer does not appear for the court hearing, then the judge will usually dismiss the VC 22348(B) charges, (some exceptions exist). However, if there are two arresting or citing officers, and only one shows up for court trial, then the case may usually proceed.
Note: In some situations, a testifying officer might have an emergency where he or she can not appear in court on the day set for trial. In these situations, the testifying officer will usually contact the court in advance to reset the trial date and the judge will generally grant this request based on good cause (reasonable need for short delay).
Post-Conviction Remedies: A driver convicted of driving over 100 MPH may have several post-conviction remedies, including appealing the adverse ruling on the infraction, expunging the traffic infraction, or withdrawing a guilty plea (limited).
Should I Hire an Attorney for a Traffic Violation
Whether a driver should hire an attorney for a traffic violation is a personal decision unique to the driver’s finances and needs. It’s true that a traffic attorney (criminal defense attorney) will greatly improve the driver’s chances of defeating a VC 22348(B) criminal charge, but a private attorney also charge money (no right to a free public attorney when charged with traffic infraction).
A person charged with driving over 100 MPH an hour should consider the pros and cons of hiring an attorney to help him or her with the case. The cons are obvious as private attorneys cost money, but the pros include a greater chance of success at defeating the traffic ticket and the attorney can appear on the defendant’s behalf without the defendant’s presence in court.
This is especially important for drivers with prior points on a DMV record, drivers concerned with massive insurance rate hikes upon a VC 22348(B) conviction, and drivers who drive for a living, such as commercial truck drivers.
Note: Defendant’s attempting to appeal an adverse finding on a VC 22348(B) violation should seriously consider hiring a defense attorney familiar with traffic court appeals as there are strict timing and procedural rules that are not relaxed simply because a non-attorney is not familiar with these rules and procedures.
How Much is a Traffic Attorney
Every traffic case is different, and every traffic attorney is different, but for rough estimates, a traffic attorney, who is fighting a VC 22348(B) case in a local court, generally runs less than two-thousand dollars ($2,000) and payment plans are available with most criminal defense attorneys.
If you have been charged with speeding over 100 miles per hour, or California vehicle code 22348(B) VC, contact our criminal defense attorneys today for a free case evaluation. Our traffic attorneys represent clients in all San Bernardino and Riverside traffic and criminal courts, including San Bernardino, Riverside, Fontana, Victorville, Joshua Tree, Moreno Valley, Banning, and Rancho Cucamonga. Call today!
909-913-3138
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