100 MPH + Traffic Citations in California: Vehicle Code Section 22348b
If you have received a speeding ticket for driving in excess of 100 MPH while traveling along Interstate 15 (I-15), Interstate 40 (I-40), or any other freeway or highway in the state of California, you can be assessed a base fine amount of up to $500.00 on a first-offense, up to $750.00 for a second offense within a three-year period, and up to $1,000.00 for a third offense within a five-year period of time, if convicted. In addition to the statutory base fine, the state and county will add penalty assessments which as of January 1, 2016, would bring the total amount of bail / fine monies owed on a first offense to over $850.00 - a conviction for a second offense would require bail / fine monies to be paid to the Court, which would exceed $1,000.00!
In addition, the following penalties may also be incurred upon conviction:
• Two points on your California DMV record; Commercial drivers will receive 3 points on their California DMV record - the points will remain on your DMV record for up to seven (7) years.
• A judge, at his or her discretion, has the authority to suspend your driver's license for up to 30 days, even on a first offense; on a second or third offense within a three or five year period respectively, the Department of Motor Vehicle's will issue a license suspension or a restricted right to drive for 6 months (second offense) or 1 year (third offense) - this suspension or restriction is mandatory under California Vehicle Code section 13355.
• You are NOT eligible to attend traffic school for this violation.
• Insurance Penalties: The negligent operator points added to your DMV record are serious, because most insurance companies consider not only the points incurred, but the way in which they were incurred - speeding in excess of 100 MPH.
Mandatory Court Appearance:
You will also be required to make a mandatory appearance in the Superior Court in which your case is assigned. For example, if you are cited anywhere in the high desert area of the I-15 or I-40 freeways, you will be required to appear in the Barstow Superior Court - whether or not you plan to contest the traffic ticket. Important Note: If you retain an attorney in a timely manner to fight your traffic citation, then you personally WILL NOT have to appear at any of the court proceedings, including the initial court date on your traffic ticket.
You can’t demand a jury trial and you are not entitled to a court-appointed lawyer. On the bright side, jail cannot be imposed as the original penalty.
If you are pulled over for allegedly speeding, do not admit guilt. For example, the officer may ask you, "do you know why I pulled you over?" OR “how fast do you think you were going?” - there is no creative or good way to answer these types of questions. You have the right to remain silent - so simply state that you are exercising your right to remain silent, be polite, and accept the ticket if the officer plans on issuing you one. In other words, do your best not to stand out in an officer's mind. By the way...offering a bribe to a law enforcement officer is considered a Felony!
I will coordinate all the court appearances in your absence, review all the evidence, and raise any constitutional or evidentiary defenses appropriate, that are available under the law. For example, I have found that drivers cited for traveling between 100 – 109 miles per hour, are oftentimes "paced" by the officer or the speed is visually estimated. Attacking the method used to establish the driver's speed can be an effective way to undermine the credibility of the evidence against you - if the citing officer cannot prove his case beyond a reasonable doubt, you would be eligible for a dismissal.
In the majority of past cases I have handled of this nature, my office has been able to get these charges reduced, establish a client's eligibility to attend traffic school, or obtain an outright dismissal!
My office may be able to obtain favorable results for you! I have been in practice for over 35 years, and have a very high success rate ! Please contact me today for a FREE case evaluation at (760) 326-5297 - Call Anytime !
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