Speeding Tickets

Speeding Tickets

SPEEDING VIOLATIONS – Vehicle Code Sections 22350, 22356, 23149, 22348


Speeding violations, or going faster than the posted speed limit in California is covered by many different Vehicle Code sections and is often broken down into several categories:

  • Driving over 65 miles per hour (or 55 miles per hour on a certain highways);
  • Driving at an unsafe speed (Vehicle Code Section 22350);
  • Driving faster than 70 miles per hour on a highway (Vehicle Code Section 22356); and
  • Reckless Driving (a misdemeanor charge, not an infraction).

Driving over 65 miles per hour on a freeway is one of the least “severe” speeding violations around. However, a violation of Vehicle Code Section 22349 can still result in a point on your driving record, requiring traffic school (if eligible) and a fine. If you are not eligible for traffic school, a point will be permanently placed on your DMV driving record if convicted. This can result in a sharp increase in insurance rates. An experienced speeding ticket lawyer can help provide context and offer possible defenses.

One can be convicted of violating the speeding law, or a violation of Vehicle Code Section 22349, if the following is established in court:

  • The person charged was driving a vehicle;
  • He or she drove the vehicle over 65 miles per hour; or
  • He or she “drove upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless otherwise allowed.

While the actual elements may be a bit confusing and contain too much “legalese,” the provision prohibiting one from driving above 55 miles an hour basically applies to all cases unless a higher speed is specifically allowed.

A violation of Vehicle Code Section (or “VC”) 23149 for speeding is an infraction only. One is not entitled to a public defender and does not face jail time for a violation of this code section. Maximum fines for a violation of this code section are as follows – NOT Including Penalty Assessments:

  • $100 base fine for a first offense;
  • $200 base fine for a second offense;
  • $250 base fine for a third offense.

Again, these base fines do not include court fees and more importantly do not mention the “penalty assessment” or tax on all base fines, at a rate of 260%. This increase in fines can dramatically the amount owed and is just another reason to consult with a speeding ticket lawyer about your case.

Whether you need to avoid the hassle of court or need an attorney to fight a serious traffic violation, our Los Angeles traffic ticket violation lawyers can help.

SPEEDING: VEHICLE CODE SECTION 22350

Speeding, or traveling at a speed that is unsafe for the conditions on the road is a violation of Vehicle Code Section 22350. This code section is also known as the basic speed law, or “prima facie” speeding.

Speeding tickets are by far the most common type of traffic ticket issued in California. The California Highway Patrol and other law enforcement agencies write tens of thousands of speeding tickets per year.

The money generated from the fines as a result of speeding tickets is a major source of revenue for the local counties. Speeding tickets are also a major source of accidents in California and throughout the country.

To be convicted of speeding and violating Vehicle Code Section 22350, the police officer must prove (in court, unless a guilty plea is entered before a trial) that the driver:

  • Was driving a car at the time of the incident;
  • Drove on a highway at a speed greater than was reasonable; and
  • Was traveling at a speed that endangered the safety of persons or property.

Per Vehicle Code Section 42000.5, the maximum fines for a violation of Vehicle Code Section 22350 (speeding) (and NOT including Penalty Assessments) are:

  • $100 for a first offense;
  • $200 for a second offense; and
  • $250 for a third or subsequent offense.

The above-listed maximum fines are base fines only and do not include the court fees (less than $100) and do not the penalty assessment, which is basically a tax on the base fine of 260%. This can dramatically increase the fines allowed.

These high fines, the possibility of needing to complete traffic school and/or a possible point on your driving record make it imperative that you contact a qualified speeding ticket lawyer to help if you have been charged with violating Vehicle Code Section 22350.

Like a point as a result of a stop sign ticket or U-turn ticket, a speeding ticket can result in a point on your driving record and can remain on your DMV record for three years. This point will inevitably result in higher insurance premiums or cause you to lose a good driver discount. Fighting a speeding ticket can eliminate that point. An experienced attorney can always discuss the possible defenses to any case and can discuss the various options for contesting a speeding ticket.

Further, hiring an attorney can allow you to avoid a tremendous hassle. Our attorneys can appear for you in court, pursuant to Penal Code 977(a). This means that you can continue with your normal daily routine and keep going to work while your speeding ticket is being fought.

 

SPEEDING OVER 100 MPH: VEHICLE CODE SECTION 22348(B)

The most serious speeding charge that exists in the California law (absent injuries or other reckless driving) is California Vehicle Code Section 22348(b), driving over 100 miles per hour (mph). If you are charged with speeding and driving over 100mph, be sure to consult an experienced traffic ticket attorney.

Elements of a Speeding Charge of Driving Over 100 Miles Per Hour:

  • The person receiving the ticket was actually driving a vehicle;
  • The driver was traveling over 100 miles per hour on a highway.

Maximum Punishments for Speeding – Driving Over 100MPH, NOT including Penalty Assessments:

  • A base fine of $500 for a first offense;
  • A possible drivers license suspension of up to 30 days;
  • A base fine of $750 for a second offense within three years;
  • Upon a second conviction within three years, a mandatory drivers license suspension by the DMV;
  • A base fine of $1,000 for a third offense within five years; and
  • Upon a third conviction within five years, a mandatory drivers license suspension.

It is also very important to know that these “base fines” are just that, the “base.” While there are other nominal fees (court security fee, the fee to be permitted to attend traffic school) totaling less than $100), the base fines are taxed at a rate of 260%.

Therefore, the fines for a speeding while driving over 100mph can be astronomical. A speeding ticket conviction for driving over 100mph is also results in one point on a DMV driving record if traffic school is not allowed. A knowledgeable speeding ticket lawyer be very valuable, and can often negotiate a lesser charge or obtain a dismissal of the entire case.

There are various ways a police officer can seek to cite a driver for a violation of Vehicle Code Section 22348(b), such as radar or by “bumper pacing” (bumper pacing is where an officer drives behind a speeding suspect while keeping a consistent, non-changing distance between his or her car and the drivers car, and determining the speed of the drivers car based on his or her own speedometer). Further, radar “guns” must be functioning and must be calibrated according to relevant standards.

SPEEDING: OVER 70 MILES PER HOUR ON A HIGHWAY

Some of our California highways have a posted speed limit of 70 miles per hour (some are less). It is unlawful to travel over 70 miles per hour on any highway in California, per Vehicle Code Section. 22356

A speeding ticket for driving over 70mph on a highway will result in a point on your DMV driving record unless the charge is dismissed, reduced to a non-point violation, or if you are eligible for and complete traffic school (traffic school can only be completed once every 18 months in California).

A point on your driving record can result in much higher insurance premiums and a total of four points can result in a suspended drivers license.  Always make sure to hire and/or consult with a knowledgeable speeding ticket lawyer to discuss the specifics of your case.

To be convicted of speeding over 70 miles per hour on a highway, the officer (in the absence of a reduced charge), it must be proven that a driver:

  • Was driving a motor vehicle; and
  • The driver was traveling at a speed greater than 70 miles per hour on a highway.

Maximum Penalties for Speeding Over 70 Miles Per Hour

  • $100 base fine for a first offense;
  • $200 base fine for a second offense;
  • $250 base fine for a third offense.

Again, keep in mind that these base fines are not the only charges. There is a 260% tax or “penalty assessment” on the base fine (along with other miscellaneous court fees totaling less than $100), which can make the total fine very high. An experienced speeding ticket lawyer can often help have charges reduced to non-point violations and can sometimes have the case dismissed altogether (eliminating the need to pay any fines or attend traffic school).

A speeding ticket for driving over 70mph on a highway is always an infraction, and never a misdemeanor or a felony. This means that you are not entitled to the public defender or a trial by jury. It also means that jail time is not a possible punishment (only a fine can be levied).

More useful information on speeding from the National Highway and Traffic Safety Administration (NHTSA).

Our lawyers know how to help with tickets. With years of experience, our knowledgeable attorneys will provide just the right advice.

 

CaTrafficHelp.com

1150 S Olive St Ste 2000
Los Angeles,
CA
90015
US

Phone: 855-587-2334
Website: www.CaTrafficHelp.com

Add comment

Comments

No comments yet.