22348(b) vcimposes stiff penalties under the California Vehicle Code for driving over 100 miles per hour. A conviction for22348(b) vc can result in a license suspension for 30 days to one year and a fine of $500 to $1000.
In addition, if you are cited for speeding over 100 miles per hour, you will also receive two points on your DMV record. You further risk getting a negligent operator license suspension if you get four points in 12 months, six points in 24 months or eight points within 36 months.
Under 22348(b) vc, drivers speeding over 100 miles per hour are also ordered present in court via a mandatory appearance. However, your attorney can be hired to handle the case in court without your appearance being required.
There are many ways in which we can challenge the state in order to beat your case. Some of the below may be applicable to your case and some may not. Your attorney can put together a detailed strategy on how to fight your case and win.
- Request discovery – including the officers notes and calibration log.
- Set the case for trial – it is up to the state to prove the case, not the other way around.
- Document the scene of the alleged violation – the more we know about your case, the stronger our defense will be.
- Negotiate a non-point violation – for most clients, this outcome is ideal, when available. Pay a fine and no point on your record.
- Request a pre-trial dismissal – we can move the court to grant a pre-trial motion for dismissal.
- Request traffic school – in some cases, the court will allow traffic school, even though you supposedly are not eligible.
- Proceed to trial and cross examine the police office at trial – if the officer fails to testify to any key elements, or otherwise fails to meet the states burden, we win.
- Call witnesses to testify – also uncommon in traffic trials, for some cases there may be an indispensable witness that can help establish our defense.
- Present photos, video and other evidence on your behalf – although you are under no obligation to present any defense, in most cases, it makes sense to challenge the viewpoint of the officer and aggressively make your case.
The most important thing to remember is that a 22348(b) vc case is serious and can benefit for experienced and aggressive legal representation and we are here to help. You don't have to lose your license–these cases can be fought and won!
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