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Driving Over 100 MPH to Pass a Vehicle

Some people think that driving over 100 mph is OK if you are passing another vehicle. It is never OK to drive that fast unless acting in an official capacity as a law enforcement officer (LEO). These drivers have become so accustomed to driving 80 or 90 mph that when someone is doing the speed limit and they must pass them, then they suddenly speed up to over 100 mph. On I-5 and particularly in the desert out by Barstow on I-15, it is a familiar sight to see cars, vans, and SUVs whizzing pass like they are late for something very important. Some probably are because they were stuck in traffic trying to get on the freeway in the first place.

I-5 between Los Angeles (LAX) and San Francisco has the highest number of speeding tickets driving over 100 mph in the State of California; the second highest total number is on I-15 headed to Vegas. Most of these are in rental cars or expensive SUVs and Mercedes. They better hope they have plenty of money because when they get ticketed driving over 100 mph, it will cost them between $900 and $2600 in fines alone (depending on the court and the speed), their insurance will double or triple, and they will likely need a chauffeur to drive them around for 30 days if convicted. There are extreme consequences for this major infraction of traffic law.

Four Consequences for Driving Over 100 MPH

The first extreme consequence of driving over 100 mph, getting caught, and convicted is the fine of $900 to $2600. Some will say, “It cannot be that much. I looked it up online when I got the ticket. I was cited for a violation of CA Vehicle Code (CVC) 22348, (b) (1) Speed Laws, it states, “a fine of not to exceed five hundred dollars ($500).” So, I am not paying more than $500!” What they did not realize was that is the base fine approved by the California Legislature nearly 30 years ago. Since then, they have approved state and county surcharges, assessments, and fees that are added onto the “not to exceed” base fine. These include a state assessment that is 100 percent of the base fine, a county assessment of 70 percent of the base fine, a DNA Identification penalty that is equal to $4.00 for every $10.00 of the base fine, and many others that will bring the actual fine to somewhere between $900 and $2600 for a first offense, depending on the county and the judge’s discretion or leniency. Some judges add $100 for every mph over 100, the Kings County Traffic Court judge in particular.

The second extreme consequence of a conviction is two negligent operator treatment system (NOTS) points that will be assessed by the DMV after a conviction and stay on your motor vehicle driving record (MVR) for seven years, which will cause the third (and likely most expensive) extreme consequence, an increase in your auto insurance premium. This often will double or triple your insurance rate, so if you’re now paying $1500 per year, it will likely rise to $3000 or $4500 per year.

The fourth extreme consequence for driving over 100 mph and likely most devastating to you and your family is when the judge asks, “Do you have your driver’s license with you? If yes, hand it over to the bailiff, you won’t be needing it as your driving privileges are hereby suspended for 30 days.” In Kings County Court, the judge will often give transient drivers until Saturday evening at 5 pm after a Thursday traffic court before imposing the suspension to give them the opportunity to get home.

Hire a Kern County Traffic Ticket Lawyer

If you have been ticketed for driving over 100 mph, you will have a mandatory traffic court appearance and either you or your attorney must appear in court. You cannot just pay your fine to the court clerk and drive on. Driving 100+ mph is a major infraction and it would be very wise to consult a local traffic ticket lawyer before you decide to go to court to fight the ticket or pay the fine and take your lumps from the judge. Don’t even consider “throwing yourself on the mercy of the court,” that rarely works on over 100 MPH tickets. You are facing four extreme consequences as outlined above if convicted, don’t go it alone.

Additionally, it does not matter whether you are guilty or innocent, you need a knowledgeable traffic ticket attorney to get the consequences reduced or the charges dismissed.

Call Bigger & Harman, 661-349-9300 to inquire about the specifics of your ticket or email: attorney@markbigger.com.

You don’t have to take our word for it, read Avvo.com reviews for Mark Bigger, who has a 9.8 out of a possible 10 Avvo rating. This one was posted by Brian F., “Mark got me out of a 30 mph over the speed limit. His office kept me up to date all the time on my case. When Mark won my case, he is the one that called me and gave me the great news.” Avvo is short for “avvocato” which is Italian for lawyer or law advocate. They and Nolo are two of the Nation’s premier online legal digests.

In addition, you can read their Nolo.com write-up and you should check the comments on Yelp to get some of those 80 or more reviews.

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