Getting a speeding ticket is always an unpleasant experience and the penalties can feel disproportionate to the violation, but for drivers who receive a citation for driving at a speed greater than 100 mph, the potential penalties can be much worse (Vehicle Code section 22348(b)). In addition to the high base fine, and having two points imposed on your record, the court can suspend a driver’s driving privilege for 30 days (no driving at all). How the officer was able to determine the driver’s speed is very important to know; radar or by visual estimation.
Both methods of measuring speed require proper training, and radar devices require proper maintenance to ensure the accuracy of the speed measurement. If it can be established to the court’s satisfaction that the officer was not properly trained, or did not follow proper procedures for using the radar device, or the device was faulty for some reason, then the case may be dismissed. However, if the evidence demonstrates that the officer followed his/her training properly and the measuring device was in proper working condition, then it is especially important to speak with an attorney to develop a sound strategy to minimize the likely penalties described above.
The attorney’s experience handling such a violation and his/her familiarity with the particular court involved can be crucial to a manageable outcome for the client. For example, if the client attends a substantive classroom-style defensive driving program (even prior to the first court date, the arraignment), then it may be possible to have the court consider a “restriction” of the driving privileges (to and from work or school) rather than a hardcore suspension (no driving for any reason whatsoever!). Likewise, the court may also consider a reduction of the fine. Bottom line, if the court finds that the driver is sincerely remorseful and demonstrates an effort to be a safer driver, the court is much more likely to “work with” the attorney and the client.