Many drivers who come to us with a speeding over 100 mph ticket ask us, “How accurate are those RADAR guns?”
Our straightforward answer is always, “They are very accurate, unless they haven’t been calibrated recently, the ticketing officer hasn’t been properly trained, or the weather was bad. What’s more, the LIDAR (Light Detection and Ranging), which more California counties are using, is even more accurate.”
A RADAR gun relies on transmitted radio waves to hit the vehicle suspected of speeding and bounce back to the source, measuring the vehicle's speed. However, the further the speeder’s vehicle is from the gun, the less accurate it is, and rain will deflect and spread the signal.
Therefore, if the RADAR gun is not properly calibrated or the user is not properly trained, it could capture the speed of a different vehicle.
Most drivers ask, “How do we prove the RADAR or LIDAR didn’t record our correct speed?”
We don’t have to prove you weren’t speeding. The State has to prove you were. We can subpoena the calibration and ticketing officer’s training record and use those to raise the level of doubt about your speed if we think that is the best strategy on the case.
Additionally, we can use other technicalities or constitutionally guaranteed rights, such as if the ticketing officer doesn’t show up for trial, we can ask for immediate dismissal, as the constitution guarantees your “right to face your accuser.”
Always consult a traffic attorney and find out their fee before you decide you can’t afford it. If not, you could make the legal mistake of your life that will affect your family budget for up to the next seven years.
How Much Is a Speeding over 100 MPH if Convicted?
Many drivers Google this question and come up with various answers, most of which are inaccurate. Most websites quote the obvious answer “by a fine of not to exceed five hundred dollars ($500),” taken directly from the CA Vehicle Code (CVC) Section 22348, Other Speed Laws, which was accurate in 1959. Since then, however, the CA Assembly has added ten surcharges, assessments, and penalties that take $500 up to between $900 and $2,500.
The CA treasury adds a $10 surcharge for every $10 of the base fine, that’s 100%, or another $500; the county adds a $7 penalty for every $10, a DNA ID fund gets $5 for every $10 fined, and so on. Your final bill could be as much as five times the “base fine” of $500.
However, the fine is cheap compared to how much your insurance will charge you in added risk, and they will take your 20% “good driver’s discount” for up to seven years.
That’s right; if convicted of speeding over 100 mph, the DMV will assess two negligent operator treatment system (NOTS) points. When your auto insurance provider discovers your conviction at renewal, they will legally double or triple your premium if they decide to retain you as a client. You must have insurance coverage, but no law says they must cover you at a reasonable price.
If you have a new car with a loan from the bank that requires full coverage, you might have to sell your car if convicted or spend another $15,000 or so to insure it.
By the way, if you decide you can’t afford a traffic attorney, you better take another licensed driver to court with you because you might hear the judge say, “Guilty, pay the court clerk $1,500, and hand your driver’s license to the bailiff on your way out. You won’t need it for the next 30 days. You can apply for reinstatement next month.”
Your best option is to consult a traffic attorney who offers a free initial consultation and uses a flat fee to resolve your ticket in traffic court.
Consult with Bigger & Harman, APC. They Will Assist You with a Speeding Over 100 MPH Ticket in Needles Traffic Court in San Bernardino County, CA
When you have a mandatory court date in Needles Traffic Court in San Bernardino County, CA, you need a knowledgeable and experienced traffic attorney.
Call Bigger & Harman, APC, at (661) 349-9300. Or, use the handy online contact form or email attorney@biggerharmanlaw.com.
Download your copy of the e-book, 4 Unknown Consequences of Driving Over 100 MPH. Call us if you have any questions.
Se habla Español (661) 349-9755.
References:
The CA Driver Handbook English y Español.
CVC Section 22348, Other Speed Laws.