Some people believe the myth that driving more than 100 mph is reckless driving. The truth is there is no direct factual correlation between the two within the CA Vehicle Code. The primary legal consequences difference between speeding and reckless driving is the designation as an infraction for speeding and a misdemeanor for reckless driving.
The law enforcement officer (LEO) might use reckless driving as a scare tactic to get you to admit you were speeding. They like to get the driver talking so that everything they say is recorded on their body-cam. It makes it much easier to convict a driver who has confessed. That’s why they typically ask, “do you know how fast you were going?”
Your best option is not to make any statement. You do have the Constitutional right to “remain silent.”
A Ticket for Reckless Driving Versus a Speeding Ticket
You could get a speeding ticket for driving more than 100 mph. The LEO who stops you should cite a violation of CA Vehicle Code (CVC) 22348, Speed Laws, which states, “A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction…
If you read the entire section of traffic code, it does not connect reckless driving with a speeding ticket. Granted, a conviction on a speeding ticket for more than 100 mph could cost over $10,000 with the increased auto insurance premiums you will pay over the seven years a guilty verdict will stay on your motor vehicle driving record (MVR); however, there is no possibility of jail time or a criminal record for speeding.
First of all, speeding, even over 100 mph, is an infraction. Reckless driving, according to CVC 23103, Public Offenses is a misdemeanor crime punishable by five to ninety days in a county jail, a fine of $145 to $1,000, or both. The code defines it as the “…willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” The burden of proof is on the state to prove “willful or wanton.”
Kern County Traffic Attorneys
When you face a misdemeanor charge of reckless driving or a speeding ticket, you can call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.
We are traffic attorneys. We do not accept divorce cases or adoptions. We concentrate our efforts on protecting the driving privileges of CA drivers. We charge a flat fee, so you have an accurate figure before you agree to our legal services. Although we cannot promise a dismissal or reduced charge, we have an exceptional record with speeding 100+ mph speeding tickets in Shafter Traffic Court.
Likewise, we represent drivers at DMV NOTS Hearings. When there is a chance of suspension, you need an experienced and knowledgeable traffic attorney to assist with getting points removed from your MVR.
Email us firstname.lastname@example.org the details about your ticket or give us a call.