Matthew J. Ruff Traffic Violations Law Blog on Lawyers.com

What are the consequences for speeding over 100 mph in California?

Sunday, December 21, 2008 by Matthew J. Ruff

California law makes the offense of speeding over 100 miles per hour a 2 point traffic infraction. The main difference between the violation of driving over 100 and other speeding offenses is that a conviction can result in a 30 day license suspension. A Kern County Speeding Ticket Lawyer can defend the offense of speeding over one hundred miles per hour in order to help avoid the mandatory consequences of a violation on their record and the long term effect such a conviction will have on the cost of insurance.

The applicable law for the violation is set forth in the California Vehicle Code.

A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction punishable, as follows:

(1) Upon a first conviction of a violation of this subdivision, by a fine of not to exceed five hundred dollars ($500). The court may also suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 days pursuant to Section 13200.5.

(2) Upon a conviction under this subdivision of an offense that occurred within three years of a prior offense resulting in a conviction of an offense under this subdivision, by a fine of not to exceed seven hundred fifty dollars ($750). The person's privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (a) of Section 13355.

(3) Upon a conviction under this subdivision of an offense that occurred within five years of two or more prior offenses resulting in convictions of offenses under this subdivision, by a fine of not to exceed one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (b) of Section 13355.

The offense constitutes a two point infraction which means it will stay on a DMV record for seven years, the same as a reckless driving or a DUI.

Vehicle Code 13355 also provides for mandatory suspensions under certain conditions as follows:

The department shall immediately suspend the privilege of any person to operate a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person has been convicted of a violation of subdivision (b) of Section 22348, or upon a receipt of a report of a judge of a juvenile court, a juvenile hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of subdivision (b) of Section 22348 under the following conditions and for the periods, as follows:

(a) Upon a conviction or finding of an offense under subdivision (b) of Section 22348 that occurred within three years of a prior offense resulting in a conviction of an offense under subdivision (b) of Section 22348, the privilege shall be suspended for a period of six months, or the privilege shall be restricted for six months to necessary travel to and from the person's place of employment and, if driving a motor vehicle is necessary to perform the duties of the person's employment, restricted to driving within the person's scope of employment.

(b) Upon a conviction or finding of an offense under subdivision (b) of Section 22348 that occurred within five years of two or more prior offenses resulting in convictions of offenses under subdivision (b) of Section 22348, the privilege shall be suspended for a period of one year, or the privilege shall be restricted for one year to necessary travel to and from the person's place of employment and, if driving a motor vehicle is necessary to perform the duties of the person's employment, restricted to driving within the person's scope of employment.

The violation will almost always result in increased insurance costs.

A common question is whether a person guilty of the offense can attend traffic school to dismiss the ticket, the answer is generally no unless the judge makes extraordinary findings. A defense lawyer can often intervene on behalf of the client and request a reduction to a one point offense or lower charge.

Posted at 15:58 PM

Topic: Traffic Violations