What are the Consequences of a Conviction for V.C. 22348(b), Speeding over 100 mph?
Getting caught speeding is never good, but getting caught speeding for going over 100 mph, a violation of Vehicle Code Section 22348(b), can be really, really, bad. If you are convicted of speeding over 100 mph in Orange County, you are likely looking at a minimum fine of $900, a suspension of your driver’s license for 30 days, and if that’s not bad enough, the worst part may be the two points that go on your driving record, and remain there for seven years.
To put that in perspective, a one-point violation, such as running a stop sign or speeding 1-25 mph over the limit, carries a single point and remains on your record for three years. And a one-point infraction can usually be removed by attending traffic school, assuming you have not attended in the previous 18 months. The two points for seven years on your driving record for a conviction of speeding over 100 mph is actually the same as the points for a conviction of driving under the influence! The amount will vary a great deal depending on your insurance company, driving record, and your personal demographics, but beware that this conviction will raise your insurance rates a good deal for the better part of a decade. Very likely this could be an expense in the five-figure range.
There are many ways to avoid these harsh consequences. Some judges, if you plead guilty before trial, will reduce the fine and/or suspension. If a judge will reduce anything, and by how much, will usually depend on your prior driving history and the speed at which you were alleged to have traveled. However, while it might sound like a good deal to take a reduced fine and a shorter or no suspension by pleading guilty at the first court appearance, you will still be stuck with the two points on your record. This is because the judge has the ability to reduce parts of the sentence, but on his or her own motion the judge cannot change the charging section, and so a conviction for VC 22348(b) will always carry two points. So even if the judge gave you a minimal fine and no suspension, you would still have the two points on your driving record and corresponding insurance costs.
Almost always, the best course of action against a charge of VC 22348(b) is to set the case for trial. If the officer does not show for the trial, the case will likely be dismissed completely. If the officer does appear, it may still be possible to fight the ticket and win. If the ticket cannot be dismissed, an attorney may be able to negotiate a stipulation to a lower speed to reduce the citation to a one-point offense. And at that point it may even be possible to get traffic school, meaning zero points on your record.