What Happens If You Are Caught Going Over 100 MPH?

What the law says: Vehicle Code 22348

Subdivision (a) is the ordinary rule: you may not exceed a speed limit set under section 22349 or 22356. Subdivision (b) creates a separate, more serious infraction for anyone who drives on a highway "at a speed greater than 100 miles per hour." The penalties step up with each repeat:

Those figures are the fines the section sets; penalty assessments and fees are added by the court system on top. Subdivision (c), a separate rule, keeps trucks and vehicles towing trailers in the right-hand or designated lanes.

What it means in practice

The record weight is the part people underestimate. Section 12810(d)(1) gives a conviction under section 22348(b) a value of two points, the same as reckless driving and DUI. An ordinary speeding conviction is one point. Under the DMV's negligent-operator thresholds, published in the driver handbook as 4 points in 12 months, 6 in 24 or 8 in 36, a single over-100 conviction uses up half of the 12-month allowance on its own.

Two other consequences tend to follow:

• Traffic school is not a fit. The DMV handbook describes traffic violator school for a one-point violation. A two-point conviction is outside that description.
• Good Driver status is at risk. The Good Driver standard in Insurance Code section 1861.025 allows not more than one violation point in the prior three years. One over-100 conviction is two points, which by itself puts a driver outside that standard until it ages off.

How much a given insurer adjusts for the conviction varies by insurance company, but losing Good Driver status is set by statute, and the Good Driver Discount itself must be at least 20 percent under Insurance Code section 1861.02.

An infraction, but a heavy one

Despite the speed involved, section 22348(b) classifies the offense as an infraction, not a misdemeanor, so it is handled in traffic court rather than as a criminal case. That label can mislead people into treating it like any other ticket. The fine schedule, the suspension power and the two-point value all set it apart. The DMV handbook says traffic convictions stay on your driver record for 36 months or longer depending on the type of conviction, and insurers commonly look back over a similar period when they rate a policy, so the effect outlasts the court case by years.

What to do

1. Treat any speed over 100 as a different category of risk, legally and on the road; there is no "slightly over" at that speed.
2. If you are cited, read the section on the ticket. A charge under 22348(b) is not the same as an ordinary speed charge, and it is worth speaking with a traffic attorney.
3. Pull your DMV record so you know your actual point count before the case resolves.
4. If the court suspends the license, do not drive until the privilege is restored.
5. Before renewal, ask your agent how the conviction will be rated and compare options rather than waiting for the bill.

If a serious violation has pushed your premium up, you can compare quotes here against your real record.