What Triggers the 100 MPH Suspension
Under California Vehicle Code section 22348(b), any driver convicted of exceeding 100 miles per hour is subject to a mandatory driver's license suspension by the Department of Motor Vehicles. This is separate and apart from whatever happens in your underlying traffic case. Even if you negotiate a favorable outcome on the citation itself, the DMV proceeds on its own track, and a conviction at that speed triggers an automatic suspension that the criminal court has no power to waive.
Why This Catches So Many Drivers Off Guard
Most people think of a speeding ticket as a fine-and-points situation. They are surprised to learn that hitting the 100 mph threshold puts their entire driving privilege at risk, often (if a person decides to go into the hearing without counsel) for six months on a first offense, with longer suspensions for repeat violations within thirty-six months. Because the suspension is mandatory once the conviction is reported, the real opportunity to protect your license is not at sentencing. It is in how the underlying charge is handled before a conviction is ever entered, and in making sure you understand exactly what notice the DMV has sent you and what your response deadlines are. Moreover, because of the nature of DMV administrative hearings, the importance of having counsel to mitigate and lessen the length of the suspension is essential.
The Role of a DMV Administrative Hearing
In some circumstances, drivers facing license action are entitled to request an administrative hearing before the DMV to contest the basis for the suspension. These hearings are governed by their own procedural rules, separate from criminal court, and missing a deadline can mean losing your right to be heard altogether. An experienced advocate can review the citation, the speed detection method used, and the underlying stop itself to determine whether there are grounds to challenge the conviction before it ever reaches the DMV, which is almost always the more effective strategy than trying to fight the suspension after the fact. However, what we are seeing in the field is that even if the underlying court ticket is dropped or reduced, the DMV is still suspending licenses with 100+ tickets. Often the importance of hiring counsel is not only to fight the infraction in court but to ensure your rights are protected and any suspension is mitigated to the least amount of time possible. Drivers entering a DMV without counsel are at a severe disadvantage – I see this in my practice all the time. But do not fear if you did the hearing yourself initially, by hiring an attorney who knows this area of the law – we will likely be able to get you another reexamination hearing and present your case with the benefits of counsel.
Protecting Your Ability to Drive
For many of my clients, the ability to drive is not a convenience. It is how they get to work, care for family, and manage daily life. A six-month or longer suspension can be devastating in ways that go far beyond the inconvenience of the original ticket. That is why I push to get involved as early as possible, often before the citation has even been resolved, so we can evaluate every available avenue to avoid a 100 mph conviction in the first place, to minimize its consequences if a conviction cannot be avoided, and to handle the administrative DMV side of this scenario which is inevitable and directly impacts your driving privilege.
What to Do If You Were Cited
If you received a citation alleging speeds of 100 miles per hour or more, do not assume the consequences end with paying a fine. Read any DMV correspondence carefully, note every deadline, and speak with an attorney before you respond to the citation or to the DMV. The decisions you make in the first days after the stop can shape what options remain available to you later.
If you or a loved one has been cited for excessive speed in California, the time to act is now, not after your license is already suspended. Call HJP Legal at (786) 496-0227 or reach out through our online contact form for a confidential consultation.