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CVC 22348(b): Driving Over 100 MPH in California

CVC 22348(b) Over 100 MPH Defense
January 15, 2025

Serious Violation Warning

CVC 22348(b) is one of the most serious speeding violations in California. It carries enhanced penalties including potential license suspension. Fighting this ticket is critical to protect your driving privileges.

A CVC 22348(b) citation for driving over 100 MPH is far more serious than a standard speeding ticket. The penalties are severe, but there are defense strategies that can help protect your license and record.

Understanding CVC 22348(b)

California Vehicle Code Section 22348(b) specifically addresses excessive speed:

"A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction..."

Penalties for CVC 22348(b)

First Offense

A first offense carries fines up to $900 (with court fees often totaling over $1,000), plus 2 points on your DMV record. Unlike standard speeding tickets, traffic school is not an option to mask the violation. The judge also has discretion to suspend your license for up to 30 days.

Repeat Offenses

A second offense within 3 years can result in a license suspension of up to 6 months, though a restricted license may be possible. A third offense within 5 years escalates to a potential 1-year suspension and possible misdemeanor charges.

The True Cost

Cost FactorAmount
Fine + Court Fees$900-$1,500
Insurance Increase (3-5 years)$3,000-$6,000+
Lost Wages (if license suspended)Variable
Potential Total$5,000-$10,000+

Defense Strategies

Challenging Speed Measurement Accuracy

At 100+ MPH, even small measurement errors matter significantly. Radar devices have a typical error margin of 1-2 MPH—if the calibration was off, a reading of 100 could actually have been 98. LIDAR requires extremely steady aim, which becomes difficult when targeting fast-moving vehicles. And pacing at speeds over 100 MPH is almost impossible to do with any accuracy, making it highly challengeable.

2. Question the Officer's Training

Speed detection at high speeds requires specialized training:

  • Was the officer properly certified on the equipment?
  • When was their last training/recertification?
  • Did they follow proper high-speed detection protocols?

3. Speedometer Calibration Defense

If your speedometer was malfunctioning, you may have a defense:

  • Get your speedometer professionally calibrated
  • Document any discrepancy between indicated and actual speed
  • This shows lack of intent to exceed 100 MPH

4. Necessity Defense

In rare cases, emergency circumstances may provide a defense:

  • Medical emergency requiring rapid transport
  • Escaping immediate danger or threat
  • Must prove no reasonable alternative existed

Court Appearance Required

Unlike minor speeding tickets, CVC 22348(b) typically requires a mandatory court appearance. However, a Trial by Written Declaration may still be available in some jurisdictions as a first step. If unsuccessful, you'll proceed to an in-person trial.

Get Professional Defense Help

Given the severity of CVC 22348(b), a strong defense is essential. TicketFight AI generates comprehensive defense arguments that challenge speed measurement accuracy, officer procedures, and equipment calibration—giving you the best chance to avoid license suspension and massive insurance increases.

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