CVC 22348(b): Driving Over 100 MPH in California | Penalties

What is CVC 22348(b)?

California Vehicle Code Section 22348(b) prohibits driving over 100 miles per hour on any highway. This is not a standard speeding ticket. It is a criminal misdemeanor offense that carries serious consequences.

The law applies to all California highways and freeways. It does not matter what the posted speed limit is. Even if you are on a freeway with a 70 mph limit, driving over 100 mph violates this specific code section.

Officers typically use radar, lidar, or pacing to measure your speed. If their equipment shows you traveling at 100 mph or faster, you can be cited under this section.

Penalties and Consequences

Fines and Fees

The base fine for CVC 22348(b) is typically $500, but the total amount you pay will be much higher. California adds mandatory court fees, assessments, and penalty charges to every traffic violation.

Your total fine can easily reach $900 to $2,000 or more depending on the county. Each court adds different fees and surcharges. The final amount appears on your courtesy notice or can be obtained by calling the court.

Some courts may allow payment plans if you cannot afford to pay the full amount immediately. You must request this option before your payment deadline.

DMV Points

This violation adds 2 points to your California driving record. These points remain on your record for 7 years from the violation date.

Accumulating points can trigger additional consequences. If you get 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months, the DMV may suspend or revoke your license.

The DMV uses a point system to identify high-risk drivers. Two points from a single violation is significant and signals dangerous driving behavior.

Insurance Impact

Your insurance company will likely discover this violation when they review your driving record. Most insurers check records at renewal time or after an accident.

A 2-point misdemeanor speeding violation typically causes substantial rate increases. You may see your premiums rise by 20% to 40% or more. Some insurers may non-renew your policy entirely.

These increased rates usually continue for 3 to 5 years. The total cost over time can be thousands of dollars beyond the initial fine.

Criminal Record

Because this is a misdemeanor, a conviction creates a criminal record. This is not just a traffic infraction. It is a criminal offense that appears on background checks.

For most first-time offenders without aggravating factors, jail time is unlikely. However, the law allows for up to 6 months in county jail. The court has discretion based on the circumstances and your driving history.

A criminal conviction can affect employment, professional licenses, and other aspects of your life beyond driving.

Traffic School

Traffic school is generally not available for CVC 22348(b) violations. California law restricts traffic school eligibility for misdemeanor offenses and speeds this excessive.

Even if you have not attended traffic school recently, courts typically will not offer this option for driving over 100 mph. The violation is considered too serious.

In rare cases, a court might allow traffic school as part of a plea bargain to a reduced charge. This is not guaranteed and depends entirely on the prosecutor and judge.

What to Check on Your Citation

Your citation contains important information you need to review carefully. Errors or missing information can sometimes help your defense.

Violation date and time: Confirm these are accurate. If you were not driving at that time, this is critical evidence.

Location: Check the exact location listed. The officer must specify where the violation occurred. Vague or incorrect locations can be challenged.

Speed alleged: The citation should state the specific speed. If it says "100+" without a precise number, this may be challengeable.

Officer information: Note the officer's name and badge number. You may need this for discovery requests.

Court date: This is mandatory for misdemeanor charges. Missing this date can result in a warrant for your arrest. Mark it on your calendar immediately.

Equipment used: Some citations note whether radar, lidar, or pacing was used. This information helps determine what evidence to request.

Evidence to Gather

Building a strong defense requires collecting evidence as soon as possible after receiving the citation.

Photographs of the location: Take pictures of the area where you were stopped. Document speed limit signs, road conditions, visibility, and any factors that might have affected the officer's observation.

Speedometer calibration: If you believe your speedometer was inaccurate, have it professionally tested and calibrated. Get written documentation of the results.

Witness statements: If passengers or other witnesses can support your account, get their written statements with contact information.

Radar or lidar calibration records: You have the right to request maintenance and calibration records for the device used to measure your speed. File a discovery request with the court.

Officer training records: Request documentation of the officer's training and certification to operate speed measurement equipment.

Dashcam or GPS data: If your vehicle has a dashcam with GPS speed recording, preserve this footage immediately. GPS data from your phone may also show your speed at the time.

Your Options Before Paying

Paying the fine is the same as pleading guilty. You will have a misdemeanor conviction on your record. Before you pay, consider your options.

Plead Not Guilty and Request Trial

You have the right to contest the ticket in court. This requires entering a not guilty plea by the deadline on your citation.

For misdemeanor charges, you typically must appear in person for arraignment. At arraignment, you formally enter your plea and receive a trial date.

A trial allows you to challenge the evidence, cross-examine the officer, and present your defense. You may represent yourself or hire an attorney.

Trial by Written Declaration

California allows Trial by Written Declaration for most traffic violations under CVC 40902. This lets you submit your defense in writing without appearing in court.

However, Trial by Written Declaration may not be available for all misdemeanor charges. Some courts require in-person appearance for CVC 22348(b). Check with your specific court.

If available, you submit a written statement explaining your defense along with any supporting evidence. The officer submits a written response. A judge reviews both and issues a decision.

If you lose, you can request a new trial (trial de novo) and appear in court. This gives you two chances to fight the ticket.

Negotiate a Plea Bargain

You or your attorney can contact the prosecutor to discuss reducing the charge. Prosecutors sometimes agree to reduce CVC 22348(b) to a lesser speeding violation.

A reduction to standard speeding under CVC 22350 or CVC 22349 would result in lower fines, only 1 point, and no misdemeanor conviction.

Plea bargains depend on many factors including your driving record, the exact speed alleged, court policies, and whether you have an attorney.

Hire an Attorney

Given the serious nature of this charge, many drivers hire a traffic attorney. An attorney can appear on your behalf, negotiate with prosecutors, and present your defense.

Attorneys familiar with traffic court know which defenses work in specific courts and with specific judges. They can often achieve better outcomes than self-representation.

The cost of an attorney may be offset by avoiding the long-term insurance increases and criminal conviction.

Common Defenses

Several defenses may apply depending on your specific circumstances.

Speed measurement device error: Radar and lidar devices must be properly calibrated and maintained. If calibration records show problems or the device was not tested according to manufacturer specifications, the reading may be unreliable.

Operator error: Officers must be trained and certified to use speed measurement equipment. Improper operation, incorrect angle, or interference from other vehicles can cause false readings.

Mistaken identity: On busy highways, officers sometimes cite the wrong vehicle. If multiple cars were traveling together or visibility was limited, the officer may have tracked a different vehicle.

Emergency circumstances: If you were speeding due to a genuine emergency such as a medical crisis, this may provide a defense or mitigate penalties. You need evidence to support the emergency.

Speedometer malfunction: If your speedometer was broken or inaccurate and you were unaware you were speeding, this may be a partial defense. You need documentation of the malfunction.

Insufficient evidence: The prosecution must prove beyond a reasonable doubt that you were driving over 100 mph. If the officer's testimony or evidence has gaps or inconsistencies, you may create reasonable doubt.

Example Scenarios

Scenario 1: A driver was cited for 105 mph on Interstate 5. The driver requested radar calibration records and discovered the device had not been calibrated in 8 months, exceeding the manufacturer's recommended interval. The case was dismissed due to unreliable evidence.

Scenario 2: A driver was clocked at 102 mph while rushing a family member having a medical emergency to the hospital. The driver provided hospital records and witness statements. The court reduced the charge to standard speeding with a warning.

Scenario 3: An officer cited a driver for 110 mph based on pacing. The driver's dashcam footage showed the speedometer never exceeded 85 mph. The video evidence contradicted the officer's testimony and the case was dismissed.

Scenario 4: A driver with a clean 10-year driving record was cited for 101 mph. Through an attorney, the driver negotiated a plea to CVC 22349(a) with traffic school eligibility, avoiding the misdemeanor conviction and second point.

Scenario 5: A driver was cited for 108 mph in a construction zone. The driver fought the ticket but was convicted. Due to the excessive speed and dangerous location, the judge imposed a 30-day license suspension in addition to fines.

Scenario 6: A driver received a citation stating "100+ mph" without a specific speed. The defense argued this was too vague to meet the burden of proof. The court agreed and dismissed the charge.

Key Facts to Remember

This is a criminal misdemeanor: CVC 22348(b) is not a simple traffic ticket. It creates a criminal record and carries potential jail time up to 6 months.

Mandatory court appearance: You cannot simply pay this ticket online. Misdemeanor charges require you to appear in court or have an attorney appear for you.

Two DMV points: This violation adds 2 points to your driving record for 7 years, significantly increasing your risk of license suspension if you get additional violations.

Insurance will increase substantially: Expect your insurance rates to rise by hundreds or thousands of dollars per year for 3 to 5 years following a conviction.

Traffic school is usually not available: Unlike standard speeding tickets, you typically cannot mask this violation by attending traffic school.

You have the right to fight it: You can challenge the evidence, question the officer's methods, and present defenses. Many drivers successfully reduce or dismiss these charges.

Frequently Asked Questions

How many points does CVC 22348(b) add to my license?

This violation adds 2 points to your California DMV driving record. The points remain for 7 years from the violation date. Two points is significant and puts you at risk of license suspension if you accumulate additional points. Insurance companies view 2-point violations as serious and typically increase your rates substantially. The DMV uses these points to identify high-risk drivers who may face additional scrutiny or restrictions.

What is the fine for driving over 100 mph?

The base fine is typically $500, but total costs range from $900 to $2,000 or more after all fees and assessments. Each county adds different surcharges, court fees, and state penalty assessments. You can find your exact total by calling the court listed on your citation or waiting for a courtesy notice in the mail. Some courts allow payment plans if you cannot afford the full amount immediately. Remember that the fine is only part of the total cost when you factor in insurance increases over several years.

Will my insurance rates go up?

Yes, almost certainly. A misdemeanor speeding conviction for driving over 100 mph typically causes insurance rate increases of 20% to 40% or more. Some insurance companies may choose not to renew your policy at all. These increased rates usually continue for 3 to 5 years. Over that time, you may pay thousands of dollars in additional premiums. The insurance impact often exceeds the court fine by a significant amount. Shopping for new insurance after a conviction may help, but all insurers will see the violation on your record.

Can I go to traffic school to hide the point?

Traffic school is generally not available for CVC 22348(b) violations. California law restricts traffic school eligibility for misdemeanor offenses and excessive speeds. Even if you have not attended traffic school in the past 18 months, courts typically will not offer this option for speeds over 100 mph. In rare cases, if you successfully negotiate a plea bargain to a reduced charge, the reduced charge might be eligible for traffic school. This depends entirely on the prosecutor, judge, and specific circumstances of your case.

What evidence helps fight this ticket?

The most useful evidence includes radar or lidar calibration records showing the device was not properly maintained, dashcam footage showing your actual speed, GPS data from your vehicle or phone, witness statements supporting your account, photographs of the location showing visibility or road conditions, and documentation of speedometer malfunction if applicable. You should also request the officer's training records and certification to operate speed measurement equipment. Any inconsistencies in the officer's report or testimony can create reasonable doubt. The prosecution must prove you were driving over 100 mph beyond a reasonable doubt.

Can I fight this ticket by mail?

Trial by Written Declaration under CVC 40902 allows you to contest many traffic violations by mail without appearing in court. However, some courts do not allow this option for misdemeanor charges like CVC 22348(b). You must check with your specific court to determine if written declaration is available. If allowed, you submit a written statement with evidence and the officer responds in writing. A judge reviews both and issues a decision. If you lose, you can request a new in-person trial. If your court does not allow written declaration for this charge, you must appear in person or hire an attorney to appear for you.

What should I do immediately after getting this ticket?

First, note your mandatory court date and mark it on your calendar. Missing this date can result in an arrest warrant. Read the entire citation carefully and check for errors in date, time, location, or speed. Take photographs of the location where you were stopped as soon as possible. Preserve any dashcam footage, GPS data, or other electronic evidence. Do not discuss the case on social media or with anyone except your attorney. Decide whether to hire a traffic attorney given the serious nature of the charge. Enter your plea by the deadline, typically by appearing at arraignment or submitting the required form. Gather evidence and request discovery including radar calibration records and officer training documentation.

Can this charge be reduced or dismissed?

Yes, many CVC 22348(b) charges are reduced or dismissed. Success depends on the strength of the evidence, your driving record, whether you have an attorney, and the policies of the specific court and prosecutor. Common grounds for dismissal include improper radar calibration, operator error, mistaken vehicle identity, or insufficient evidence. Even with solid evidence against you, prosecutors sometimes agree to reduce the charge to standard speeding if you have a clean record and show remorse. A reduction avoids the misdemeanor conviction and second DMV point. Each case is different, but you have a much better chance of a favorable outcome if you fight the ticket rather than simply paying it.

What facts matter most for fighting this charge?

The most important factors include the specific speed alleged (101 mph is better than 120 mph), your driving record over the past 7 years, the type of equipment used to measure your speed and its calibration status, the officer's training and certification, weather and traffic conditions at the time, whether you have any evidence contradicting the officer's account, the reason you were driving that speed, and whether there were any procedural errors in how you were stopped or cited. Courts also consider whether you show remorse and take responsibility. Having an attorney who knows the local court and prosecutor can significantly affect the outcome. The strength of the prosecution's evidence is critical since they must prove the charge beyond a reasonable doubt.