According to California Vehicle Code Section 22348(b) VC, driving over 100 miles per hour on a highway is considered a serious traffic violation.

While a standard speeding ticket in California typically results in a fine and a single point on your driving record, exceeding 100 mph elevates the offense into a highly regulated statutory category.

A violation of VC 22348(b) results in a mandatory court appearance, significant financial penalties, immediate suspension of the driver's license, and heavy point assessments by the DMV.

Statutory Language: "Any person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction punishable by a fine... and a driver's license suspension..."

If you were cited for speeding, the most effective way to secure a favorable outcome is to consult an experienced criminal defense attorney at Esfandi Law Group. Schedule your free consultation at (310) 274-6529 or use the contact form.

Quick Facts: Speeding Over 100 mph in California

• Legal Classification: This is a serious infraction, not a misdemeanor or felony. It typically doesn't create a criminal record unless combined with other charges.

• DMV Point Value: A conviction results in a 2-point addition to your California DMV driving record.

• Traffic School Eligibility: Not eligible. You cannot attend traffic school to mask or clear a VC 22348(b) point.

• Court Appearance: Mandatory: You cannot just pay the ticket online to resolve it; you or a retained private attorney must appear in person in court.

• Insurance Impact: This is considered a high-risk violation that usually results in doubling or tripling auto insurance premiums or the policy being non-renewed.

Penalties and Sentencing Guidelines

The penalties for violating VC 22348(b) vary significantly depending on your previous driving record within a statutory look-back period of 3 to 5 years.

1. Financial Fines (Base Fines vs. Penalty Assessments)

The amounts below show the base fines. In California, penalty assessments, court construction fees, and night court fees usually multiply the final out-of-pocket cost by about four to five times the base rate.

• First Offense: A base fine of up to $500 (total out-of-pocket costs can exceed $900).

• Second Offense (Within 36 Months): A base fine of up to $750.

• Third Offense (Within 5 Years): A base fine of up to $1,000.

2. Mandatory Driver's License Suspension

Unlike standard tickets, where suspensions are optional or managed via separate DMV hearings, VC 22348(b) authorizes judges and the DMV to directly suspend your driving privileges.

• First Offense: A discretionary court-ordered suspension of up to 30 days.

• Second Offense (Within 36 Months): A mandatory DMV suspension of up to 6 months under Vehicle Code Section 13355(a).

• Third Offense (Within 5 Years): A mandatory DMV suspension of up to 1 year.

3. Accumulated Points and Negligent Operator Status

Since a VC 22348(b) conviction results in 2 points, it increases your risk of license suspension through the DMV's Negligent Operator Treatment System (NOTS). The DMV will impose a mandatory 6-month suspension and 12-month probation if you accumulate:

• 4 points within 12 months

• 6 points within 24 months

• 8 points within 36 months

Real-World Examples of VC 22348(b) Open Enforcement

Example 1: The Late-Night Commute

The Scenario: David is driving home along a deserted section of the I-5 freeway at 2:00 AM. Assuming there is no risk because of the light traffic, he speeds up his sports car to 104 mph. A California Highway Patrol (CHP) officer in the median uses a LIDAR laser to measure David's speed.

• The Enforcement: David is pulled over and given a citation under VC 22348(b). Since his speed exceeded 100 mph, he cannot pay the fine online. He must attend a mandatory court appearance, faces a 30-day license suspension, and will have 2 points added to his DMV record.

Example 2: The Passing Maneuver Escalation

The Scenario: Elena is driving at 75 mph, trying to pass a convoy of slow commercial semi-trucks. She accelerates to pass quickly, briefly reaching 101 mph for about 10 seconds, just as an officer's radar detects her.

• The Enforcement: Although the excessive speed was temporary and due to a passing maneuver, the law establishes an absolute limit. Elena faces the same structural penalties under VC 22348(b) as a sustained racer.

The Danger of Missing Court: VC 40508 Misdemeanor Upgrade

If you get a ticket for driving faster than 100 mph, you are legally required to appear in court as promised in your written statement.

Critical Legal Warning: If you don't show up for your scheduled hearing and haven't hired a private defense attorney to represent you, the court may issue a bench warrant or inform the DMV. Additionally, prosecutors will escalate the matter by filing a separate criminal charge under California Vehicle Code Section 40508 VC (Failure to Appear).

Unlike the initial speeding ticket, violating VC 40508 is considered a misdemeanor offense that carries:

• A criminal record profile.

• Up to 6 months in a county jail.

• Additional criminal fines.

Frequently Asked Questions (FAQs)

Can I go to traffic school for a VC 22348(b) ticket over 100 mph?

No. California Rules of Court explicitly state that traffic school cannot be used for violations that require a mandatory court appearance or result in a 2-point penalty. A conviction under VC 22348(b) falls into both categories, so the points will remain on your public driving record for at least 3 to 7 years.

Can an attorney appear in court for me so I don't miss work?

Yes. Under California law, a private traffic or criminal defense attorney you retain can appear on your behalf for an infraction hearing. This helps you avoid missing work or traveling long distances if you received a ticket far from your home.

Is speeding over 100 mph considered reckless driving?

Mechanically, these are separate charges. However, a prosecutor or officer can charge you with VC 23103 (Reckless Driving) if your speed was accompanied by other dangerous behaviors, such as weaving through traffic or tailgating. Reckless driving is classified as a misdemeanor, while VC 22348(b) alone is considered an infraction.

Related Laws and Statutes

To understand the broader statutory context of speed and vehicular operations in California, reference these related codes:

Vehicle Code Section 23103 (VC 23103) – Reckless Driving

• Description: Driving a vehicle on a highway or off-street parking lot with reckless or intentional disregard for the safety of people or property. Unlike VC 22348(b), this is classified as a misdemeanor that can result in a jail term.

Vehicle Code Section 23109(a) (VC 23109(a)) – Speed Contests

• Description: Participating in a motor vehicle race or speed contest against another vehicle or a timing device on a public highway is a serious misdemeanor. This offense can lead to vehicle forfeiture, required jail time, and extended license revocations.

Vehicle Code Section 22350 (VC 22350) – The Basic Speed Law

• Description: Prohibits driving at a speed that is unreasonable or imprudent, considering weather, visibility, traffic, and road conditions. This serves as the standard for California speeding citations.

Vehicle Code Section 40508 (VC 40508) – Failure to Appear

• Description: The criminal statute is activated if a driver neither appears for their mandatory court date nor sends legal representation after signing a traffic citation.

Common Legal Defenses to Fight a VC 22348(b) Citation

To contest a speeding ticket for exceeding 100 mph, a structured approach to challenging the prosecution's technical evidence is necessary. Typical defense strategies include:

• Inaccurate Speed Measuring Instruments: Challenging the calibration history of the officer's radar or LIDAR device involves scrutinizing whether the device's calibration logs are accurate and up to date. Law enforcement agencies are required to keep detailed, up-to-date calibration records. If the device was not calibrated in accordance with statutory guidelines, the speed reading could be considered inadmissible in court.

• Radar Interference and Target Identification: Demonstrating that nearby objects, high-voltage power lines, geographical features, or surrounding vehicles moving along similar paths caused the radar gun to produce a false reading.

• Lack of Foundation for Speed Traps: Under California speed trap laws, if an officer uses radar on certain non-freeway roads without a current, valid Engineering and Traffic Survey, the evidence may be excluded entirely.

• The Necessity Defense (Emergency Justification): Arguing that the driver had to temporarily go over 100 mph to escape an urgent, life-threatening situation, such as fleeing from an erratic driver or transporting someone with a severe medical emergency.

Need Legal Assistance?

Getting a violation for driving over 100 mph on a California freeway can threaten your driving privileges and increase your insurance costs over time.

Reach out to the Esfandi Law Group in Los Angeles, CA, for an initial case review to explore ways we can help lower your penalties or get the infraction dismissed.