California Vehicle Code § 22348 (b) VC – Driving Over 100 MPH on a Freeway

When it comes to driving, speed limits exist for a reason: safety. Yet, some drivers take it too far, pushing their vehicles past 100 miles per hour on California freeways. Not only is this dangerous, but it is also explicitly addressed under California Vehicle Code § 22348(b) VC. Understanding this law is crucial for anyone facing a citation or simply seeking to understand the consequences of extreme speeding.

California takes high-speed driving very seriously. The law targets drivers who exceed 100 MPH, regardless of traffic conditions or posted speed limits, recognizing that such speeds significantly increase the risk of accidents, injuries, and fatalities. Even experienced drivers can lose control at these velocities, putting themselves and everyone else on the road at risk.

In this comprehensive guide, we’ll break down what § 22348(b) VC entails, the penalties for violations, possible defenses, and why seeking professional legal guidance is essential.

What Is California Vehicle Code § 22348(b) VC?

California Vehicle Code § 22348(b) VC states that it is illegal for anyone to operate a motor vehicle on a freeway or highway at a speed exceeding 100 miles per hour. Unlike ordinary speeding infractions, this law does not just consider the posted speed limit; it penalizes anyone going over the 100 MPH threshold. This distinction underscores the extreme danger of high-speed driving.

Violating this statute is considered a serious traffic infraction. While it is not classified as a criminal offense, the penalties can be steep and have long-lasting effects on a driver’s record and insurance premiums.

Penalties for Violating § 22348(b) VC

Violating § 22348(b) VC carries strict penalties that increase with repeat offenses. Here’s what you can expect:

• First Offense:

  • A fine up to $500

  • Possible suspension of driving privileges for up to 30 days

• Second Offense (within three years):

  • A fine up to $750

  • Mandatory suspension of driving privileges

• Third or Subsequent Offense (within five years):

  • A fine up to $1,000

  • Mandatory suspension of driving privileges

Additionally, a conviction adds two points to your DMV record. Accumulating points can result in higher insurance rates and, if too many points are collected in a short period, potential license suspension.

Is Driving Over 100 MPH a Criminal Offense?

While driving over 100 MPH is a serious infraction, it is not a criminal offense. This means that a conviction does not result in a criminal record or jail time. However, the consequences—fines, points on your driving record, and license suspensions—can still have significant practical and financial impacts.

Common Defenses Against a § 22348(b) VC Violation

Even when facing a citation for driving over 100 MPH, several defenses may be available. Some of the most common include:

1. Emergency Situations:
   If you were speeding to avoid imminent danger, such as a medical emergency or another urgent situation, this may be a valid defense.

2. Inaccurate Speed Measurement:
   Law enforcement may rely on radar or lidar devices to measure speed. If these devices were improperly calibrated or malfunctioned, your speed reading could be challenged.

3. Officer Misjudgment:
   It is possible that the officer misjudged your speed, particularly if the citation was based on visual estimation rather than precise equipment.

4. Mitigating Circumstances:
   In some cases, a skilled attorney may argue mitigating circumstances, such as road conditions or errors in the citation process, to reduce penalties.

Successfully challenging a § 22348(b) VC citation often requires careful examination of the circumstances and expert knowledge of traffic laws.

Why Legal Representation Matters

High-speed driving citations are not minor traffic tickets. The penalties associated with § 22348(b) VC can affect your license, insurance rates, and future driving privileges. Consulting with a knowledgeable traffic attorney can make a significant difference. An attorney can:

• Evaluate the details of your case

• Identify potential defenses

• Negotiate for reduced penalties or alternative sentencing

• Represent you in court to ensure your rights are protected

Professional guidance is especially important for repeat offenders or cases where your license is at risk.

Preventing Future Infractions

The best way to avoid penalties under § 22348(b) VC is to drive responsibly. Following posted speed limits, staying aware of traffic conditions, and understanding the risks of high-speed driving can prevent accidents and legal consequences. Remember, the law is designed to protect both you and everyone else on the road.

Key Takeaways

• Driving over 100 MPH in California is a serious infraction under Vehicle Code § 22348(b) VC.

• Penalties include fines, license suspension, and points on your DMV record.

• The offense is not criminal but can have lasting financial and legal implications.

• Defenses may include emergencies, equipment errors, or officer misjudgment.

• Legal representation can significantly improve your chances of a favorable outcome.

Call to Action

If you or a loved one is facing a citation for driving over 100 MPH on a Southern California freeway, it’s critical to act quickly. Southwest Legal provides experienced traffic attorneys who understand California Vehicle Code § 22348(b) VC and can help protect your rights, minimize penalties, and navigate the complexities of the legal system. Don’t wait—contact us today to schedule a consultation and take the first step toward resolving your traffic case successfully.