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Speeding Over 100 Ticket: Not Necessarily the End of the Game

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Two myths about speeding over 100 that need to be cleared up are that it is a misdemeanor, and it can be considered reckless driving. Neither of these is true. There is nothing in the CA Vehicle Code (CVC) 22348, Other Speed Laws that ties speeding to reckless driving, which is covered by CVC 23103, Driving Offenses. CVC 22348 paragraph (a) states, “A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction…” The fundamental difference between an infraction and a misdemeanor is that a person convicted of a misdemeanor can be ordered to serve jail time, but not so with an infraction.

Although, CVC 23103 (a) makes reckless driving a misdemeanor, “A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” If you read the rest of the traffic code, you will see that those found guilty can go to jail for five to 90 days, but nowhere does it say anything about speeding.

Some “willful or wanton” actions while speeding could be considered by the arresting officer as reckless driving, but speeding over 100 by itself is not reckless driving. The judge or jury must consider the surrounding circumstances.

Speeding Over 100 MPH Consequences

Although speeding over 100 mph is not a misdemeanor, it is a major infraction with substantial consequences upon conviction. There is a mandatory court appearance by you or your attorney if you get cited. Consult a traffic ticket attorney right away.

The Fine for Speeding Over 100

If convicted for speeding over 100 mph, you could get fined between $900 and $2,500. The base fine is typically between $300 and $500, but some judges will add $100 for every mph over 100. Added to every base fine are ten state and county assessments, fees, and surcharges. Whatever the judge orders you to pay as the base fine, the state adds another 100% penalty ($10 for every $10 of the fine); the county a 70% penalty ($7 for every $10 of the fine); a DNA fund ($4 for every $10 of the fine); a court construction fee of $5 for every $10 of the fine; along with six other assessments, which will bring the total to three to five times the base fine.

Increased Auto Insurance Premiums

However, once you pay the fine, it’s far from over. The DMV will assess two Negligent Operator Treatment System (NOTS) points. When your auto insurance provider sees the assessment, normally at renewal, they will take your “good driver’s discount” of 20%, and then, put you in an increased risk category. Your insurance could easily double or triple. The average Californian pays $1962 annually for auto insurance, imagine paying $3,924 to $5,886 per year for insurance. What’s more, a major infraction stays on your motor vehicle driving record (MVR) for seven years — that could be $13,734 to $27,468 more in increased insurance.

Driver’s License Suspension

Another consequence many California drivers are not aware of is the ability of the judge to order an immediate 30-day suspension of your driver’s license. Of course, none of these consequences except the mandatory court appearance are “etched in stone” if you are not convicted. Your best defense is to hire a knowledgeable and experienced traffic ticket attorney.

Speak with a Traffic Ticket Attorney Who Regularly Defends Speeding Over 100

Call Bigger & Harman, (661) 349-9300. We are Bakersfield traffic attorneys who regularly represent Kern County drivers accused of speeding over 100 mph in Bakersfield, Mojave, Shafter, Delano, Ridgecrest, and Lamont.

We defend 100+ mph speeding tickets like no others with a solid reputation of success in Central Valley Traffic Courts. However, we are licensed across California, and will travel if necessary, for our client. Give us a call or send us an email.

Se habla Español (661) 349-9755.

Send us an email, attorney@biggerharmanlaw.com.

References:

CVC 23103, Driving Offenses & CVC 22348, Speed Laws