What is Vehicle Code 22348(b) VC?
Vehicle Code 22348(b) VC establishes penalties for operating a motor vehicle at speeds exceeding 100 miles per hour on a California highway. The statute specifically targets high-speed violations that surpass the standard speeding threshold, imposing heightened consequences distinct from typical traffic citations. Under California law, this violation constitutes an infraction rather than a criminal offense, which differentiates it from misdemeanors or felonies.
The statute reads: "A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction punishable" with specified penalties. This legal framework applies exclusively to highway driving scenarios where the speed limit is substantially exceeded. The classification as an infraction means that violations appear on a driver's DMV record but do not generate a criminal record.
Penalty structures under VC 22348(b) escalate based on prior offenses within specified timeframes. A first conviction carries a maximum fine of USD 500.00, with courts authorized to suspend driving privileges for up to 30 days. When a second violation occurs within three years of an initial offense, the maximum fine increases to USD 750.00, and the Department of Motor Vehicles implements a mandatory license suspension pursuant to Section 13355 subdivision (a). A third conviction within five years of two previous offenses results in fines up to USD 1,000.00 and license suspension under Section 13355 subdivision (b).
Related Charge (Often Charged Together):
The violation adds two points to a driver's DMV record. Points reported to insurance carriers typically trigger increased premiums for multiple years. Drivers who accumulate four points within one year, six points within two years, or eight points within three years face potential designation as negligent operators, which can result in license suspension or revocation through a DMV hearing.
VC 22348(b) violations require mandatory court appearances, though legal counsel may appear on behalf of the cited driver. This requirement distinguishes these violations from standard speeding tickets that often allow payment without court attendance. Failure to appear triggers prosecution under Vehicle Code 40508 VC, classified as a misdemeanor offense.
What are the penalties for violating VC 22348(b)?
Penalties for violations escalate based on the number of prior convictions within statutory lookback periods. The financial consequences extend beyond base fine amounts, as California penalty assessments and court fees multiply the actual costs substantially.
First offense penalties
A first conviction carries a base fine not exceeding USD 500.00. However, penalty assessments, court construction fees, and night court fees typically increase total out-of-pocket costs to approximately four to five times the base amount, often exceeding USD 900.00. The court possesses discretionary authority to suspend driving privileges for up to 30 days pursuant to Section 13200.5. This suspension remains optional rather than mandatory, allowing judges to evaluate individual circumstances before imposing license restrictions. The discretionary nature distinguishes first offenses from subsequent violations, where suspension becomes compulsory.
Second offense penalties
When a conviction occurs within three years of a prior offense under this subdivision, the maximum base fine increases to USD 750.00. The lookback period of 36 months establishes the timeframe for determining repeat offense status. Unlike first violations, license suspension becomes mandatory rather than discretionary for second offenses. The Department of Motor Vehicles suspends driving privileges for up to six months under Vehicle Code Section 13355(a). This mandatory suspension removes judicial discretion, requiring the DMV to implement the restriction regardless of mitigating circumstances.
Third offense penalties
A conviction occurring within five years of two or more prior offenses results in a maximum base fine of USD 1,000.00. The extended lookback period of five years applies specifically to third violations, differing from the three-year window used for second offenses. The Department of Motor Vehicles mandates a license suspension lasting up to one year pursuant to Section 13355(b). This mandatory suspension represents the most severe penalty tier, reflecting the progressive enforcement structure. Courts lack authority to reduce or eliminate this DMV-imposed suspension.
How many points does VC 22348(b) add to your driving record?
A conviction under this statute results in two points assessed on the driver's Department of Motor Vehicles record. These points constitute a permanent addition to the driving history that insurance carriers access when evaluating risk profiles. The DMV reports point assessments directly to insurance companies, which typically respond by increasing premium rates for multiple years following the violation.
The point accumulation system serves as a mechanism for identifying habitual violators. When drivers reach specific thresholds within designated timeframes, the DMV gains authority to declare them negligent operators. The thresholds require accumulation of four points within a 12-month period, six points within a 24-month period, or eight points within a 36-month period. These calculations include points from all traffic violations, not solely those stemming from excessive speed citations.
Negligent operator designation carries substantial consequences beyond insurance rate increases. The DMV possesses authority to suspend or revoke driving privileges entirely when a driver meets negligent operator criteria. Such actions require a formal administrative process through a California DMV hearing, where the driver receives opportunity to contest the proposed suspension or revocation. The hearing examines the driver's complete violation history and circumstances surrounding each incident.
Point accumulation presents particular concern for drivers with existing violations on their records. Since a single 22348(b) VC conviction adds two points, drivers approaching negligent operator thresholds face immediate jeopardy of license suspension. For example, a driver with two prior one-point violations within the past year would reach the four-point threshold upon conviction under this statute.
The classification of this violation as an infraction rather than a criminal offense means points appear on the DMV record without generating entries on criminal background checks. However, the administrative consequences through the DMV system often prove more impactful on daily life than criminal penalties. License suspension interrupts employment, particularly for positions requiring driving, and substantially increases insurance costs when driving privileges are eventually restored. Multiple point violations can lead to habitual traffic offender charges in certain circumstances.
Do you have to appear in court for a VC 22348(b) violation?
Citations issued under this statute impose a mandatory court appearance requirement that prohibits resolution through online payment systems. Drivers receiving violations cannot simply remit fines electronically to close the case, as the statute mandates personal presence or legal representation before the court. This procedural requirement distinguishes these citations from standard speeding infractions that permit administrative resolution without judicial proceedings.
The mandatory appearance stems from the statute's authorization of license suspension penalties. Courts retain discretionary authority for first offenses and mandatory suspension powers for subsequent violations, necessitating judicial oversight that cannot occur through automated payment processing. Drivers must either attend scheduled hearings personally or arrange legal representation to satisfy appearance obligations.
Can an attorney appear on your behalf?
California law permits retained private attorneys to appear on behalf of drivers cited under this provision. Legal counsel can attend arraignment proceedings, enter pleas, negotiate with prosecutors, and participate in trial proceedings without requiring the defendant's physical presence. This representation option proves particularly beneficial for drivers who received citations at substantial distances from their residence or those unable to miss work obligations.
Attorneys provide strategic advantages beyond convenience. Prosecutors typically extend more favorable plea arrangements to defendants represented by legal counsel. Defense attorneys possess specialized knowledge regarding charge reduction strategies and dismissal opportunities that unrepresented defendants may overlook. The legal expertise applies to challenging radar accuracy, questioning officer methodology, and identifying procedural deficiencies in citation procedures.
What happens if you fail to appear?
Failure to appear at scheduled proceedings, whether personally or through retained counsel, triggers prosecution under California Vehicle Code Section 40508 VC. This statute classifies willful failure to appear as a separate misdemeanor offense distinct from the original speeding citation. The failure qualifies as willful when the defendant consciously fails to attend despite knowledge of the obligation, regardless of intent to violate law.
Penalties for violating VC 40508 include confinement in county jail for up to six months and fines reaching USD 1,000.00. Courts may issue bench warrants authorizing law enforcement to arrest absent defendants and compel their appearance. While officers typically do not execute warrants at residences, the warrants appear in law enforcement databases and trigger arrests during subsequent traffic stops. In addition to criminal penalties, the court may impose civil assessments as additional financial sanctions. The Department of Motor Vehicles receives notification of failures to appear, potentially resulting in license suspension or holds that prevent legal operation of vehicles until resolution.
How to fight a Vehicle Code 22348(b) ticket
Drivers cited under this provision retain legal authority to contest charges despite the mandatory appearance requirement. Defense strategies focus on challenging speed measurement accuracy, demonstrating emergency circumstances, or questioning enforcement procedures. Attorneys specializing in traffic violations typically negotiate with prosecutors to seek charge reductions, sometimes lowering two-point violations to one-point offenses.
Challenge the radar reading
Radar and LiDAR devices require proper calibration and correct operation to produce reliable speed measurements. Defense strategies examine device maintenance logs, calibration records, and officer training certifications to identify potential inaccuracies. The radar beam increases in width as distance grows, potentially including multiple vehicles or objects within its path. This phenomenon causes devices to register speeds from unintended targets, such as larger vehicles traveling faster than the cited driver.
Interference from physical objects affects radar accuracy substantially. Trees, poles, large commercial trucks, and other vehicles positioned between the radar device and target vehicle can disrupt readings. Defense counsel requests calibration documentation to establish whether the device received proper maintenance according to manufacturer specifications. Officers must demonstrate correct device usage, as improper operation generates unreliable speed measurements.
Prove emergency circumstances
The necessity defense applies when speeding becomes required to avoid immediate danger or greater harm to persons or property. Emergency situations include fleeing dangerous individuals, responding to medical crises, or avoiding hazardous road conditions. Courts evaluate whether the perceived emergency justified exceeding 100 miles per hour and whether safer alternatives existed.
Question officer's methods
Pacing estimates depend on officers maintaining proper, steady distances for sufficient duration to obtain accurate readings. Visual estimates prove particularly unreliable at extended distances or in heavy traffic conditions. Cross-examination addresses visibility factors, traffic density, and measurement methodology to expose potential estimation errors.
Is VC 22348(b) a criminal offense or infraction?
California law classifies violations of this statute as infractions rather than criminal offenses. The distinction carries significant legal implications, as infractions do not constitute crimes under California's legal framework and consequently do not subject offenders to incarceration. This classification differentiates VC 22348(b) violations from misdemeanors and felonies, which carry potential jail or prison sentences and generate entries on criminal background checks.
The infraction status means convictions affect driving records maintained by the Department of Motor Vehicles without creating criminal records. Background checks conducted by employers, landlords, or licensing agencies will not reveal these violations, as they remain confined to administrative driving history databases. This administrative rather than criminal classification provides relief from the collateral consequences associated with criminal convictions, such as limitations on professional licensing, housing opportunities, or firearm ownership rights.
However, motorists who exceed 100 miles per hour may commit additional illegal acts beyond the speed violation itself. When concurrent offenses occur, criminal charges become possible depending on the nature of the additional violation. For instance, operating a vehicle at excessive speeds while under the influence of alcohol or drugs, engaging in reckless driving behaviors that endanger others, or evading law enforcement officers transforms the incident from a simple infraction into circumstances warranting criminal prosecution. Similarly, excessive speed combined with street racing activities triggers separate criminal statutes carrying misdemeanor or felony classifications.
The two-point assessment on DMV records represents the primary administrative consequence. Although the violation itself avoids criminal classification, the administrative penalties through license suspension, insurance rate increases, and potential negligent operator designation create substantial practical impacts on drivers' ability to maintain legal driving privileges and affordable vehicle insurance coverage.
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Yuliya Kelmansky is an Expert Criminal Defense Attorney who has over 10 years of practice defending a variety of criminal cases.
