Tips on How to Fight a Ticket for Speeding in Excess of 100 MPH: Vehicle Code section 22348(b) in CA

A driver was allegedly clocked going 112 mph on an interstate in Vermont.  According to an AP news article of this incident, the driver told the officer he was in a hurry to get to traffic court to take care of a speeding ticket.  

The driver was charged with excessive speeding, and another charge.  

In California, when a driver exceeds 100 mph, the driver can be charged with a violation of Vehicle Code section 22348, subdivision (b), which provides,“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.

Thus, the main issue will be whether you were actually driving in excess of 100 mph.  If you can challenge the basis of the officer's calculation of your speed either by questioning the officer in court or by including information that challenges this calcuation in in your written declaration, you can win your case.  Also, if you were not the driver, this is an important isssue.  

In California, the DMV assigns 2 points for this violation. Also, the fines listed above are only the base fines.  Once the penalty assessments are added, the total fine is about $900 plus, for a first offense.  But the actual amount of the total fine will vary depending on the  county  where the ticket was received because each county adds its own penalty assessments to the base fine.  

You can fight this ticket either by demanding a court trial or by using a trial by written Declaration.  In either case, if the officer does not respond by either appearing in court  if you demand a trial in court or by writing his or her version of the facts for a trial  by written declaration, you can win your case and the ticket will be dismissed.  If you lose a trial by written declaration, you can request a court trial by filing a requst for a trial de novo.  If you lose a court trial, your only redress is to appeal the court's decision to the Appellate Division of the Superior Court. 

This is definitely a ticket worth fighting.  It is also the type of ticket where an experienced traffic ticket attorney can help.  For example, in People v. Zunis (2005) 134 Cal.App.4th Supp. 1 (Zunis), while riding in an official CHP plane, Officer Hines saw appellant moving at a speed he visually estimated to be 105 miles per hour. Using his official CHP stopwatch, which he believed to be accurate, he clocked the time it took appellant to drive between official highway mile markers. His conversion chart showed her speed to be 105 miles per hour, confirming his visual estimate.  Although the defendant’s lawyer challenged the accuracy of the officer’s stop watch and the officer’s observation that the defendant’s speed exceeded 100 mph, the appellate court upheld the conviction even though inadmissible hearsay evidence had been introduced at trial. This case demonstrates some of the challenges a driver or his or her lawyer can make  to the evidence when contesting a speeding ticket.

 If you cannot afford to hire a lawyer, it might help you if you review  Nolo’s book, “ Fight Your Ticket & Win in California  before attempting to challenge this ticket in court. This book contains helpful advice on how to challenge the officer's calculation of speed by pacing and by radar. 

Good luck. 

The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.

Disclosure: If you click on the Amazon icon below, you wil be directed to the Amazon website.  Fight Your Ticket and Win in California will be helpful to California drivers. But if you are in another state, Beat Your Ticket is the better book for you. The law changes each year so generally, the more recent the book, the more helpful it will be.  Good luck.

Last updated: February 8, 2016