22348(b) Driving Over 100 MPH on a Freeway

Excessive speeding is one of the leading causes of car accidents, and California law under CVC 22348(b) imposes severe penalties on drivers caught exceeding 100 mph. High-speed collisions often result in catastrophic injuries due to the sheer force of impact. If a reckless driver was speeding excessively before causing your car accident, their violation of this law could play a crucial role in proving liability.

What Is California Vehicle Code 22348(b)?

California Vehicle Code 22348(b) prohibits drivers from exceeding 100 mph on highways. This law applies to all public roads, regardless of posted speed limits, and carries severe consequences for those found in violation. Speeding at this level creates extreme dangers for drivers, passengers, and others on the road, often resulting in high-impact collisions.

Unlike standard speeding violations, which involve lower fines and fewer consequences, CVC 22348(b) is classified as a major traffic offense. Drivers caught exceeding 100 mph face mandatory court appearances, increased fines, and potential license suspensions. These penalties aim to deter reckless speeding and reduce the likelihood of catastrophic accidents.

The legal statute reads as follows:

“A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction, punishable as follows:

(1) For a first conviction, by a fine not to exceed five hundred dollars ($500).

(2) For a second conviction within three years, by a fine not to exceed seven hundred fifty dollars ($750) and a suspension of driving privileges for 30 days.

(3) For a third or subsequent conviction within five years, by a fine not to exceed one thousand dollars ($1,000) and a suspension of driving privileges for six months.”

What Are the Penalties for Violating CVC 22348(b)?

A first-time violation of CVC 22348(b) carries significant penalties. Drivers may be fined up to $500, receive two points on their driving record, and face an automatic 30-day license suspension. These penalties can also impact insurance rates, as insurers view excessive speeding as a high-risk behavior.

Repeat offenders face even harsher consequences. A second violation within three years results in a fine of up to $750 and an extended license suspension. If a driver receives three or more excessive speeding violations within five years, they may be fined up to $1,000 and lose their driving privileges for six months.

Courts may also impose additional penalties depending on the circumstances. Judges can require offenders to attend traffic school, place them on probation, or even increase penalties if excessive speeding leads to an accident. Drivers who combine high speeds with reckless driving may face criminal charges under separate statutes.

Pro Tip

Speeding violations stay on driving records for years, so it is important to maintain safe speeds if you hope to prevent costly fines and insurance hikes.

How Does CVC 22348(b) Differ from Other Speeding Laws?

California has multiple speeding laws that vary in severity and penalties. Basic speeding violations may result in minor fines, while excessive speeding and reckless driving carry harsher consequences. Understanding how CVC 22348(b) compares to other speeding laws can help clarify the legal and financial risks involved:

• Basic speeding violations – Driving 1-15 mph over the posted limit is considered a minor infraction. Officers may issue a fine, but there is no mandatory court appearance or license suspension. Repeated violations, however, can lead to increased penalties, including traffic school or higher insurance rates.
• Speeding over 100 mph (CVC 22348(b)) – This offense carries much harsher penalties than standard speeding violations. Drivers may face fines up to $500, an automatic 30-day license suspension, and two points on their driving record for a first offense, with higher fines and longer suspension periods for subsequent offenses. Unlike lower-speed violations, exceeding 100 mph requires a mandatory court appearance.
• Reckless driving (CVC 23103) – If a driver is speeding aggressively or swerving through traffic, they may be charged with reckless driving. This is a misdemeanor offense that can result in jail time, higher fines, and a six-month license suspension. Reckless driving charges often apply when excessive speed leads to an accident or endangers others.
• Street racing (CVC 23109) – Engaging in illegal racing on public roads carries severe penalties. Convictions may lead to vehicle impoundment, hefty fines, and even jail time. In some cases, street racing charges can escalate to felony offenses if injuries or fatalities occur and the liable driver flees the scene.
• School zone speeding – Speed limits are strictly enforced in school zones to protect children and pedestrians. Drivers caught exceeding 25 mph in these areas face increased fines and additional points on their record. Multiple offenses may also lead to mandatory traffic school and higher insurance premiums.

California’s speeding laws are structured to penalize drivers based on the level of risk they pose. The consequences for excessive speed escalate when reckless behavior is involved, especially in areas with heavy traffic or pedestrian activity. Drivers who repeatedly violate speed limits may find themselves facing severe legal and financial repercussions.

Note

Even if no accident occurs, excessive speeding can still result in reckless driving charges and higher penalties.

How Do Police Enforce CVC 22348(b)?

Law enforcement uses multiple methods to identify and penalize excessive speeding. Radar guns, speed cameras, and aerial enforcement are common tools used to monitor drivers exceeding 100 mph. Officers stationed on highways frequently conduct speed enforcement operations to reduce high-speed collisions.

Drivers who combine excessive speed with reckless driving face additional penalties. If a driver is caught speeding over 100 mph while weaving through traffic or driving aggressively, they may face reckless driving charges under CVC 23103. DUI-related speeding offenses can result in even more severe consequences, including felony charges, especially if they fail to stop for responding officers.

Certain highways in California are known for high-speed violations. Law enforcement agencies often patrol corridors such as I-5 and I-10, where excessive speeding is more common. Officers monitor these areas closely to prevent dangerous driving behavior and reduce accident risks.

Does Speeding Over 100 MPH Result in an Automatic License Suspension?

A first-time violation of CVC 22348(b) may result in a 30-day license suspension. Even if no accident occurs, California law allows the Department of Motor Vehicles (DMV) to restrict driving privileges for excessive speeding. This penalty is intended to discourage repeat offenses and promote safer driving habits.

Multiple violations can lead to longer suspensions. A second offense within three years results in a mandatory six-month suspension. If a driver accumulates three or more violations in five years, their license may be revoked entirely, making reinstatement more difficult.

California courts consider driving history when determining the severity of a suspension. Drivers with prior traffic offenses, reckless driving charges, or DUI convictions may face additional restrictions. In some cases, restricted licenses may be available for essential travel, such as work or medical appointments.

Tip

California courts take speeding over 100 mph seriously, so a ticket may help establish the defendant’s liability for your collision.

What Are the Defenses to a CVC 22348(b) Violation?

Drivers who exceed 100 mph may face severe penalties, but certain defenses may be used to challenge a CVC 22348(b) violation. Evidence errors, procedural mistakes, and specific circumstances can sometimes weaken the case against the driver. While speeding violations are difficult to contest, courts may consider challenges if proper legal grounds exist.

Inaccurate Speed Measurement Devices

Law enforcement officers rely on radar guns, laser devices, and pacing techniques to determine vehicle speeds. If these devices are not properly calibrated or maintained, their accuracy may be compromised. Speed measurement errors can lead to falsely recorded speeds that do not reflect actual driving conditions.

Courts require that law enforcement agencies follow strict calibration protocols for speed detection devices. If an officer fails to provide proof that the device was properly tested and maintained, the ticket may be dismissed. Even minor calibration issues can create enough reasonable doubt to challenge a speeding violation.

Errors in Officer Observations

An officer’s visual estimate of speed is sometimes used in conjunction with speed detection devices. However, human error can occur, especially in high-traffic areas or poor visibility conditions. If an officer relied primarily on visual estimation, there may be grounds to challenge the accuracy of the citation.

Environmental factors such as glare, weather conditions, and surrounding traffic may impact an officer’s ability to correctly judge speed. Surveillance footage or dashcam video may provide alternative evidence that contradicts the officer’s claim. If reasonable doubt exists, courts may reconsider the validity of the speeding charge.

Defensive Driving to Avoid an Accident

In some cases, drivers may exceed speed limits to avoid a more serious collision. Sudden obstacles, reckless drivers, or unsafe road conditions may require rapid acceleration to prevent an accident. While courts rarely dismiss speeding violations outright for emergency maneuvers, they may consider mitigating circumstances.

Proving that excessive speed was necessary requires strong supporting evidence. Witness statements, dashcam footage, and accident reconstructions may show that a driver was reacting to an immediate threat. If a driver can demonstrate that the speed increase was momentary and necessary for safety, the court may reduce or dismiss penalties.

Speed Limit Signage and Visibility Issues

California law requires speed limits to be clearly posted along roadways. If a driver was cited for excessive speeding in an area where speed limit signs were missing or obstructed, this may be a valid defense. Poor signage can make it difficult for drivers to know they were approaching a restricted speed zone.

Additionally, if road conditions changed and speed limits were temporarily altered, a lack of proper notification may create confusion. Construction zones, detours, or road work may not always have adequate warnings, making it unfair to penalize drivers. Courts may consider this a factor when evaluating a speeding violation.

Mistaken Identity or Wrong Vehicle

Law enforcement officers often monitor multiple vehicles at once, especially on busy highways. If multiple cars are traveling at high speeds, an officer may mistakenly cite the wrong driver. This is particularly common when officers rely on aircraft monitoring or pacing techniques instead of direct radar confirmation.

If a driver can prove they were not the one speeding, the ticket may be dismissed. Dashcam footage, GPS data, or witness statements can help establish a driver’s actual speed and location. A mistaken identity defense is more likely to succeed when multiple cars were in the same vicinity during the alleged violation.

Officer Fails to Appear in Court

When contesting a CVC 22348(b) violation, the issuing officer must be present to provide testimony. If the officer fails to appear in court, the judge may dismiss the case due to lack of evidence. This defense is more common when law enforcement has a heavy caseload and cannot allocate officers to every hearing.

Drivers who contest their speeding tickets should check their court date and confirm whether the officer is scheduled to testify. If the officer is unavailable or does not provide adequate evidence, the ticket may be overturned. While not a guaranteed defense, this procedural issue has led to dismissals in many cases.

CVC 22348(b) FAQs

Can a CVC 22348(b) Conviction Affect Insurance Rates?

Excessive speeding violations significantly impact auto insurance rates in California. When an insurer sees a 100+ mph speeding ticket on a driver’s record, they classify the policyholder as high-risk. This often leads to immediate premium increases or even policy cancellation.

What Happens If You Fail to Appear in Court for a CVC 22348(b) Violation?

Failing to appear in court for a speeding violation can have serious legal consequences. The court may issue an arrest warrant, add contempt charges, or increase fines for non-compliance. Resolving outstanding warrants quickly is critical to avoiding further penalties.

How Do Speeding Violations Impact CDL Holders in California?

Commercial drivers face stricter penalties for excessive speeding violations. CDL holders may face extended license suspensions, job loss, and disqualification from operating commercial vehicles. Maintaining a clean driving record is essential for avoiding career consequences.

Speak With a Car Accident Lawyer About Your Claim

Speeding drivers put lives at risk, and when excessive speed leads to a crash, the consequences can be life-changing. If you or a loved one were injured in a high-speed collision, you may be entitled to compensation. Contact a car accident attorney from Crockett Law Group today for a free consultation and get the legal support you need.