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Speeding Over 100 in Kern County

undefinedOn the I-5 and Highway 46 around Shafter, CA, it is common to see cars speeding over 100 on these empty stretches when there’s not much traffic. It might not seem dangerous if no one is around, but the reality is California law enforcement officers (LEOs) take this disregard of traffic law very seriously. If convicted of speeding over 100, the penalties are steep. You will typically receive a fine of between $899 and $2500, two NOTS points that will remain on your MVR for seven years, a double or triple increase in insurance premiums, and a 30-day suspension of driving privileges. The total cost of a conviction could be close to $15,000.

Who Is at Risk of Getting a Ticket for Speeding over 100?

Of course, the simplest way to reduce your risk of getting a ticket in the Shafter area, or anywhere else in Kern County, is to stay under the speed limit. However, at times, that is not realistic. Cars are flying by you, and you’re already late. The temptation to speed along with the others is often tremendous.

If you do get pulled over, never admit to any fault. Remain polite and accept any ticket the officer gives you. And, be sure to sign the ticket. This is not an admission of guilt but a release with a promise to appear. Signing your ticket is a written contract with the state of CA to appear in court for your mandatory court appearance for speeding over 100.

In almost every case of speeding, the first question the LEO will ask is “Do you know how fast you were going?” Most driver’s instinct is to answer with a half-truth. “Well officer, I looked down at the speedometer, and I was doing a little over the speed limit. But, then I pulled out to pass a truck that was going much slower.”

As we are sure you have heard on TV and in the movies, when arrested the LEO reads the defendant their Miranda warning. Part of that is, “Anything you say can and will be used against you in a court of law.” Why do so many people believe that does not apply to traffic law? Admittedly, a traffic infraction, even a major infraction such as speeding over 100 mph, does not qualify the ticket recipient to a trial by jury or a state-appointed lawyer. However, that statement will almost always come back to haunt you. If the LEO shows up for court, they will surely tell the judge you admitted you were speeding.

Most methods for catching a person speeding rely on either checking with radar, lidar or by pacing behind you in a police car. Although these are all acceptable means of determining speed, radar and lidar use has some room for an inaccurate reading. Also, these devices require frequent calibration.

What to Do about that Speeding over 100 Ticket

By consulting a traffic ticket attorney and providing the details about the ticket, the attorney might discover a technicality that allows an opportunity to defend against the ticket in court or submit a motion for dismissal without going to court. In either scenario, a skilled attorney will not require you to attend so that you will not have to miss work or school. This can save you a lot of money.

An attorney can get the ticket dismissed or reduced if the officer does not show up, does not remember the event clearly, does not bring in radar or lidar calibration records, or was not trained on the use of the radar or lidar. A traffic ticket attorney might also raise a “reasonable doubt” to request a dismissal or reduced charge.

Consequences of a Speeding over 100 Conviction

If you receive a ticket for speeding over 100, it is crucial to take it very seriously and consult with a Kern County traffic ticket attorney. It is a major infraction and there are many unpleasant consequences and penalties associated with this ticket. Do not add more with a failure to appear (FTA) by either you or an attorney.

As CA Vehicle Code (CVC) 22348, Speed Laws explains in paragraph (b), any person convicted of speeding over 100 mph for the first time will receive a “base” fine of no more than $500. Most judges in Kern County set the base fine at $300-500. However, the base fine does not include the ten state and county assessments, surcharges, or fees. When these are added to the base fine, the total fine is generally more than $900 and could be as high as $2600.

For a second conviction within three years, a person can get a fine of up to $750, and their license will get suspended. Base fines can be as much as $1,000 if a person is convicted a third time within five years, which with added surcharges could reach close to $5000. But wait, that’s just the fine, which as expensive as it is, it is not the costliest penalty of a conviction.

At renewal, the insurance company will likely double or triple your insurance rates for the seven years the conviction will remain on your MVR. For the average driver in CA, who pays $1960 annually for auto insurance, a conviction could cost an additional $2000 to 4000 per year. Over a seven-year period worse case scenario, that could cost in excess of $14,000 just for insurance.

If convicted, the DMV will assess two Negligent Operator Treatment System (NOTS) points to your motor vehicle driving record (MVR) for seven years. That means your halfway to a six-month suspension if you get four NOTS points. Plus, CA traffic law gives the judge discretion to suspend driving privileges for 30 days for a first-time conviction.

All these penalties might sound scary, but keep in mind that you will not necessarily get convicted. In fact, having an attorney who can present mitigating circumstances, raise a reasonable doubt, and present technicalities during a mandatory court appearance can help get a dismissal or reduced penalties.

Speeding Over 100 MPH

There are ways to avoid speeding tickets. The simplest way is to drive the speed limit. Leaving on time or early can lessen stress, and you are less likely to speed. Another way to avoid a ticket is to check your speedometer frequently. Sometimes it is hard to tell what speed you are going without checking periodically to make sure you stay within the limit. But, we are just human after all and humans make mistakes. If you get caught and a LEO issues you a ticket, get the professional help of a traffic ticket attorney

Kern County Traffic Ticket Attorneys

When you get issued a ticket for speeding over 100 mph in Shafter, CA, you need the services of a skilled and knowledgeable traffic ticket attorney. It happens quite frequently on a beautiful Cali day heading for the coast on Highway 46. But, the worst thing you can do is write it off as an infraction for which you can just pay the fine. The consequences of a conviction are just too grave. A fine of between $899 and $2500, two NOTS points that will remain on your MVR for seven years, a double or triple increase in insurance premiums, and a 30-day suspension of driving privileges is a steep price to pay.

Call Bigger & Harman, (661) 349-9300, the Central Valley traffic law professionals with a solid reputation in Kern County Traffic Courts. Se habla Español 661.349.9755.

Send an email to attorney@biggerharmanlaw.com.

References:

CVC 22348, Speed Laws