California Vehicle Code § 22348(b) VC – Driving Over 100mph on a Freeway
Vehicle Code § 22348(b) VC – Driving Over 100 mph on a Freeway
Under California Vehicle Code § 22348(b), it is unlawful to operate a vehicle in excess of 100 miles per hour on a freeway or highway. Unlike many speeding tickets that are simple infractions, this section imposes enhanced penalties, including heavy fines, points on your driving record, and possible license suspension.
A conviction under 22348(b) VC can have lasting consequences. It carries a mandatory court appearance, significant fines that increase with repeat offenses, and a potential 30-day license suspension on the first offense. Insurance companies also treat it as a high-risk violation, often leading to steep premium increases or policy cancellations.
If you were cited for driving over 100 mph in Los Angeles, The Law Offices of Arash Hashemi can review your case, identify possible defenses, and fight to protect your license and driving record.
Overview of California Vehicle Code § 22348
California Vehicle Code § 22348(b) VC is the statute that governs high-speed driving violations. It is divided into two parts:
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§ 22348(a): Prohibits driving faster than the maximum speed limits set by law (65 mph, 55 mph on two-lane undivided highways, and up to 70 mph where posted).
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§ 22348(b): Prohibits driving in excess of 100 mph on a highway.
While both are infractions, violations under § 22348(b) VC carry the harshest penalties—including a potential license suspension and enhanced fines for repeat offenders. Because of the long-term consequences for your driving record, career, and insurance, it is crucial to take these charges seriously and consult with a defense attorney as early as possible.
What Are the Penalties for a CVC 22348(b) Conviction?
Driving over 100 mph in California is not treated like an ordinary speeding ticket. CVC § 22348(b) carries enhanced penalties that escalate with repeat convictions. In addition to the fines and license consequences, each conviction adds two points to your driving record, which remain for seven years and can cause steep insurance increases.
First Conviction
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Fine: Up to $500, but after court fees and penalty assessments, the total cost is often $900–$2,500.
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License suspension: Judge may order a suspension of your driving privilege for up to 30 days.
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DMV points: Two points are added to your driving record.
Second Conviction (within 3 years)
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Fine: Up to $750 (before penalty assessments).
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License suspension: The DMV can suspend or restrict your license for up to six months.
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DMV points: Two points are added to your record.
Third or Subsequent Conviction (within 5 years)
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Fine: Up to $1,000 (before penalty assessments).
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License suspension: The DMV may suspend or restrict your license for up to one year.
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DMV points: Two points are added to your record.
Additional Consequences You Should Know About
Beyond fines and license suspensions, a conviction for driving over 100 mph under CVC § 22348(b) carries additional consequences. A mandatory court appearance is required, and failing to appear can lead to a misdemeanor under CVC § 40508, punishable by jail time and a $1,000 fine. Drivers are not eligible for traffic school, meaning the two DMV points will remain on their record for seven years, increasing the risk of being classified as a negligent operator if too many points accumulate (such as four within a year, which triggers a six-month suspension). Perhaps most costly, insurance companies typically treat a 100+ mph conviction as proof of high-risk driving, resulting in steep premium hikes or even cancellation of coverage.
How to Challenge a 100+ MPH Speeding Ticket
Although driving over 100 mph is treated as a serious offense in California, a citation under CVC § 22348(b) does not automatically mean a conviction. These tickets can be challenged, and with the right approach, it may be possible to reduce the penalties or avoid points on your record. A skilled traffic ticket attorney can appear in court on your behalf, sparing you the inconvenience of attending personally. They can also negotiate with the prosecutor or judge to seek a reduced charge—sometimes lowering a two-point violation to a one-point offense. In addition, an attorney can challenge the accuracy of the officer’s speed-measuring device or present evidence that your actions were justified under the circumstances. Having an experienced lawyer fighting for you often makes the difference between a devastating outcome and a manageable one.
What Defenses Might Be Used Against a 22348(b) Charge?
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Challenging radar or lidar readings. Devices must be properly calibrated and operated correctly. If the radar or lidar gun was not maintained, tested, or used properly, the speed reading may be unreliable.
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Questioning visual estimates. Some citations are based on an officer’s observation rather than technology. These estimates can be inaccurate, especially at long distances or in heavy traffic.
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Arguing necessity. In limited situations, a driver may argue that speeding was necessary to avoid an immediate danger or emergency, such as moving out of the way of a reckless driver.
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Negotiating a reduced charge. Even when the evidence of speeding is strong, an attorney may be able to persuade the court to reduce the offense to a lesser violation carrying only one DMV point.
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Court representation. Since a court appearance is mandatory for 100+ mph violations, having an attorney appear on your behalf not only saves you time but also ensures the strongest possible defense is presented.
Speak With a Los Angeles Traffic Defense Lawyer
If you have been cited for driving over 100 miles per hour under California Vehicle Code § 22348(b), the consequences can be far more serious than a typical speeding ticket. A conviction can mean thousands of dollars in fines, a license suspension, two DMV points that remain on your record for seven years, and skyrocketing insurance premiums. Because a mandatory court appearance is required, it is important to have an experienced traffic defense attorney on your side to protect your rights and your driving privilege.
At The Law Offices of Arash Hashemi, we have been defending drivers in Los Angeles for more than 20 years. Attorney Arash Hashemi understands how judges and prosecutors handle 100+ mph speeding cases and knows the strategies that can reduce or even dismiss the charges. From challenging radar and lidar readings to negotiating reduced violations, our firm is committed to achieving the best possible outcome for every client.
Contact us today to schedule a confidential consultation. Early legal intervention can make the difference between a manageable resolution and a conviction that follows you for years.
The Law Offices of Arash Hashemi
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