CVC 22348(a) Speed Contest Ticket - Penalties & Defenses

What is CVC 22348(a)?

California Vehicle Code Section 22348(a) prohibits engaging in a speed contest on any highway. A speed contest means a race between two or more vehicles where drivers compete to achieve higher speeds or outpace each other. This is not a simple speeding ticket. It is a charge that alleges you were racing another vehicle on a public road.

The law exists because street racing creates extreme danger for everyone on the road. When drivers race, they often exceed safe speeds, make unpredictable maneuvers, and lose focus on surrounding traffic. California treats speed contests as serious moving violations with harsher penalties than standard speeding tickets.

What Must the Prosecution Prove?

To convict you under CVC 22348(a), the prosecution must prove several elements beyond a reasonable doubt:

You were driving a vehicle on a highway. In California, "highway" means any public road, street, or freeway open to vehicle traffic. It does not only mean freeways or major roads.

You engaged in a speed contest. This means you participated in a race or competition involving speed with at least one other vehicle. The prosecution must show you were actively competing, not just driving fast.

The contest was intentional. You must have knowingly participated in the race. Accidental fast driving or simply keeping pace with traffic does not qualify.

There was another vehicle involved. A speed contest requires at least two vehicles. If you were alone, CVC 22348(a) does not apply, though you might face other speeding charges.

The officer's observations, witness statements, dashcam footage, and your own statements can all serve as evidence. However, the prosecution must prove each element. If any element is missing, the charge should not stand.

Penalties and Consequences

Fines and Fees

The base fine for CVC 22348(a) starts at $35, but with California's penalty assessments, the total can reach $197 to $229 or more depending on your county. Additional fees may apply based on local court costs.

DMV Points

A conviction adds 2 points to your California driving record. These points remain for seven years. Accumulating too many points can trigger license suspension. If you receive 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months, the DMV may suspend or revoke your license.

Insurance Impact

Insurance companies view speed contest convictions as high-risk behavior. Your rates will likely increase significantly, sometimes by 20% to 40% or more. Some insurers may cancel your policy entirely. The increased rates can last for three to five years.

Traffic School

California law generally does not allow traffic school for speed contest violations. Traffic school is typically available only for minor infractions. Because CVC 22348(a) involves dangerous competitive driving, courts usually do not offer this option. You should confirm with your court, but do not expect traffic school eligibility.

Criminal Consequences

While CVC 22348(a) is usually charged as an infraction, speed contests can escalate to misdemeanor charges under other code sections, especially CVC 23109. If your case involves reckless driving, injuries, or property damage, you may face criminal prosecution. Criminal convictions carry jail time, probation, and a permanent criminal record.

License Suspension

If you are under 21 and convicted of a speed contest, the DMV will suspend your license for up to 90 days for a first offense and up to six months for subsequent offenses. Adults may face suspension if they accumulate too many points or if the court orders a suspension as part of sentencing.

What to Check on Your Citation

When you receive a CVC 22348(a) citation, review it carefully. Errors or missing information can form the basis of a defense.

Verify the code section. Make sure the citation lists CVC 22348(a) and not another code. Officers sometimes cite the wrong section.

Check the date, time, and location. Confirm these details are accurate. If you were not at that location at that time, you have a strong defense.

Read the officer's notes. The citation may include a brief description of what the officer observed. This can reveal weaknesses in the evidence.

Look for other cited vehicles. If the officer did not cite another vehicle, it may be difficult to prove a contest occurred.

Note the officer's name and badge number. You may need this information if you contest the ticket.

Check the court date and deadline. You typically have a limited time to respond, often 21 to 30 days. Missing the deadline can result in additional fines or a license hold.

Evidence to Gather

Building a strong defense requires evidence. Start gathering information as soon as possible.

Dashcam or phone video. If you have video from your vehicle or phone, it can show what actually happened. Video evidence is powerful.

Witness statements. Passengers in your car or other drivers who saw the incident can provide statements supporting your version of events.

GPS or phone data. Your phone's location history or GPS data can confirm your speed and location at the time of the citation.

Photos of the scene. Take pictures of the road, traffic conditions, and any relevant signs or landmarks. This can help explain your driving behavior.

Maintenance records. If your vehicle was not capable of high speeds due to mechanical issues, maintenance records can support your defense.

Officer's dashcam or bodycam. You can request this footage through discovery. It may show the officer's perspective and reveal inconsistencies.

Your Options Before Paying

Paying the fine is the same as pleading guilty. You will receive points on your record, face insurance increases, and have no opportunity to contest the charge. Consider your options carefully.

Plead Not Guilty and Request a Trial

You have the right to contest the ticket in court. You can plead not guilty and request a trial. At trial, the officer must appear and present evidence. You can cross-examine the officer, present your own evidence, and argue your defense. If the officer does not appear, the case may be dismissed.

Trial by Written Declaration

California allows you to contest many traffic tickets through a Trial by Written Declaration under CVC 40902. You submit a written statement explaining your defense, and the officer submits a written response. A judge reviews both and issues a decision. You do not need to appear in court. If you lose, you can request a new in-person trial. This option is convenient and gives you two chances to fight the ticket.

However, Trial by Written Declaration may not be available for all CVC 22348(a) cases. Some courts treat speed contests as more serious violations requiring in-person appearances. Check with your court to confirm eligibility.

Hire a Traffic Attorney

A traffic attorney can represent you in court, negotiate with the prosecutor, and potentially get the charge reduced or dismissed. Attorneys understand the law, know how to challenge evidence, and can often achieve better outcomes than self-representation. If your case involves criminal charges, license suspension risk, or prior violations, hiring an attorney is strongly recommended.

Negotiate a Reduction

In some cases, prosecutors may agree to reduce a CVC 22348(a) charge to a lesser violation, such as simple speeding under CVC 22350. A reduction can mean fewer points, lower fines, and less insurance impact. An attorney can help negotiate this outcome.

Common Defenses

Several defenses may apply depending on the facts of your case.

No speed contest occurred. You were driving normally and not racing anyone. The officer misinterpreted your actions.

Only one vehicle was involved. A speed contest requires at least two vehicles. If you were alone, the charge does not fit.

You were passing safely. You accelerated to pass another vehicle in a legal and safe manner. This is not a race.

Mistaken identity. The officer cited the wrong vehicle. Another car was involved in the contest, not yours.

Lack of evidence. The officer's observations are insufficient to prove a contest. There is no video, no witnesses, and no other cited vehicle.

Emergency situation. You were speeding due to a genuine emergency, such as a medical crisis. While not a complete defense, it may mitigate penalties.

Officer error. The officer made a mistake in judgment or did not have a clear view of the incident.

Real-World Scenarios

Scenario 1: You were driving on the freeway and accelerated to merge into faster-moving traffic. Another car happened to speed up at the same time. An officer observed both vehicles and assumed you were racing. In reality, you were simply merging safely.

Scenario 2: You were driving home late at night on a surface street. Another car pulled up next to you at a red light. When the light turned green, both of you accelerated normally. The officer believed you were drag racing from the stoplight, but you were just driving away from the intersection.

Scenario 3: You were on a highway and needed to pass a slow-moving truck. You accelerated and moved into the left lane. Another car in the left lane also sped up. The officer saw two cars going fast and cited both for a speed contest, even though neither of you was racing.

Scenario 4: You were driving with a friend in a separate car. You were traveling to the same destination but not racing. The officer saw two cars driving close together at high speed and assumed a contest was occurring.

Scenario 5: You were test-driving a sports car and accelerated briefly to feel the engine's power. Another driver nearby also accelerated. The officer interpreted this as a race, but you had no intention of competing.

Scenario 6: You were driving in heavy traffic and briefly sped up to avoid a merging vehicle. Another car near you also changed speed. The officer mistakenly believed both vehicles were racing.

Key Facts to Remember

CVC 22348(a) is not a simple speeding ticket. It alleges you participated in a dangerous race. The penalties are more severe than standard speeding violations.

Two points will be added to your DMV record. These points last seven years and can lead to license suspension if you accumulate too many.

Traffic school is generally not available. Do not assume you can mask the points by attending traffic school.

Insurance rates will likely increase significantly. Expect higher premiums for several years.

You have the right to contest the ticket. Paying the fine is an admission of guilt. Consider fighting the charge if you believe you were not racing.

Evidence is critical. The prosecution must prove you engaged in a speed contest. Without strong evidence, the charge may not hold up in court.

When to Seek Legal Advice

If your citation involves any of the following, you should strongly consider consulting a licensed attorney:

• Criminal charges or potential misdemeanor prosecution
• Prior traffic violations or points on your record
• Risk of license suspension
• Commercial driver's license (CDL) holders
• Accidents, injuries, or property damage
• DUI-related circumstances
• Suspended or restricted license at the time of the citation

ClerkHero may not handle all case types, especially those involving criminal charges or high-risk situations. A licensed attorney can provide advice tailored to your specific circumstances.

Frequently Asked Questions

What should I do first after getting a CVC 22348(a) ticket?

Read your citation carefully and note the deadline to respond, usually 21 to 30 days. Decide whether to contest the ticket or pay the fine. If you plan to fight it, gather evidence immediately, including photos, videos, witness statements, and GPS data. Do not ignore the ticket. Missing the deadline can result in additional fines, a license hold, or a warrant for your arrest. If you are unsure what to do, consult a traffic attorney or use a service like ClerkHero to help you prepare a defense.

Can this violation be reduced or dismissed?

Yes, it is possible. Outcomes depend on the strength of the evidence, the officer's testimony, your driving record, and the court's policies. If the prosecution cannot prove all elements of a speed contest, the charge may be dismissed. In some cases, prosecutors agree to reduce the charge to a lesser violation, such as basic speeding, which carries fewer points and lower fines. Hiring an attorney or presenting a strong written defense can improve your chances. However, there are no guarantees. Each case is unique.

What facts matter most for fighting this charge?

The most important factors are whether another vehicle was involved, whether you were actually competing, and the quality of the officer's evidence. If the officer did not cite another driver, it is difficult to prove a contest occurred. If dashcam footage or witness statements contradict the officer's account, that strengthens your defense. Your driving record, the road conditions, and whether you had a legitimate reason for your speed also matter. Courts also consider whether the officer had a clear view and whether there is any evidence of coordination between vehicles.

Can I get this ticket if I was just speeding alone?

No. CVC 22348(a) specifically requires a speed contest, which means racing with at least one other vehicle. If you were alone, the officer should cite you under a different code, such as CVC 22350 (unsafe speed) or CVC 22349 (exceeding maximum speed). If you were cited under CVC 22348(a) but were not racing anyone, you have a strong defense. Point this out in court or in your written declaration.

Will this ticket affect my insurance?

Almost certainly yes. Speed contest violations are considered high-risk behavior by insurance companies. Your premiums will likely increase significantly, often by 20% to 40% or more. The increase can last three to five years. Some insurers may cancel your policy or refuse to renew it. Shopping for a new insurer after a speed contest conviction can be difficult and expensive. Fighting the ticket and avoiding a conviction is the best way to protect your insurance rates.

Is traffic school an option for CVC 22348(a)?

Generally, no. California law restricts traffic school eligibility for serious violations. Speed contests are considered dangerous and typically do not qualify. However, court policies vary. You should ask the court clerk or check your citation to confirm. If traffic school is not available, your only options are to pay the fine and accept the points, or contest the ticket and try to win or negotiate a reduction.

What happens if I ignore the ticket?

Ignoring a traffic ticket is a serious mistake. If you do not respond by the deadline, the court may issue a warrant for your arrest, add a civil assessment fee (often $300 or more), and notify the DMV to place a hold on your license. You will not be able to renew your registration until you resolve the ticket. The fines and fees will continue to grow. Eventually, a warrant can lead to arrest during a traffic stop or other police contact. Always respond to a ticket, even if you plan to pay the fine.

Can the officer's dashcam footage help my case?

Yes, it can. Dashcam footage may show that you were not racing, that only one vehicle was involved, or that the officer did not have a clear view. It can also reveal inconsistencies in the officer's report. You have the right to request this footage through the discovery process. If the footage supports your defense, it can be powerful evidence. If the officer does not have footage, that may weaken the prosecution's case.

Should I hire a lawyer for a CVC 22348(a) ticket?

It depends on your situation. If you have a clean driving record, no prior violations, and strong evidence that you were not racing, you may be able to fight the ticket yourself using a Trial by Written Declaration or representing yourself in court. However, if you have prior violations, face license suspension, hold a commercial license, or if the case involves criminal charges, hiring a lawyer is strongly recommended. Lawyers understand the law, know how to negotiate with prosecutors, and can often achieve better outcomes. The cost of a lawyer may be less than the long-term cost of higher insurance premiums and DMV points.