(a)Notwithstanding subdivision (b) of Section 22351, a person shall not drive a vehicle upon a highway with a speed limit established pursuant to Section 22349 or 22356 at a speed greater than that speed limit.
(b)A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction punishable, as follows:
(1)Upon a first conviction of a violation of this subdivision, by a fine of not to exceed five hundred dollars ($500). The court may also suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 days pursuant to Section 13200.5.
(2)Upon a conviction under this subdivision of an offense that occurred within three years of a prior offense resulting in a conviction of an offense under this subdivision, by a fine of not to exceed seven hundred fifty dollars ($750). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (a) of Section 13355.
(3)Upon a conviction under this subdivision of an offense that occurred within five years of two or more prior offenses resulting in convictions of offenses under this subdivision, by a fine of not to exceed one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (b) of Section 13355.
(c)A vehicle subject to Section 22406 shall be driven in a lane designated pursuant to Section 21655, or if a lane has not been so designated, in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb. When overtaking and passing another vehicle proceeding in the same direction, the driver shall use either the designated lane, the lane to the immediate left of the right-hand lane, or the right-hand lane for traffic as permitted under this code. If, however, specific lane or lanes have not been designated on a divided highway having four or more clearly marked lanes for traffic in one direction, a vehicle may also be driven in the lane to the immediate left of the right-hand lane, unless otherwise prohibited under this code. This subdivision does not apply to a driver who is preparing for a left- or right-hand turn or who is in the process of entering into or exiting from a highway or to a driver who is required necessarily to drive in a lane other than the right-hand lane to continue on his or her intended route.
Notes of Decisions
Virginia Duncan v. Rob Bonta, 19 F.4th 1087 (9th Cir. 2021).
“67 ; Cal. Veh. Code § 22348 . Like a ban on large-capacity magazines with respect to firearms, those laws retain the basic functionality of cars—driving within reasonable limits—while preventing specific societal harms from known dangers.”
People v. Kroncke, 70 Cal. App. 4th 1535 (Cal. Ct. App. 1999).
· cites it 2× “A significant proportion of these accidents will involve one or more Vehicle Code violations: speeding [Veh.Code, § 22348 et seq.] driving under the influence [Veh.”
People v. Sava, 190 Cal. App. 3d 935 (Cal. Ct. App. 1987).
· cites it 2× “[K] The offense of ‘following too closely’ in violation of California Vehicle Code Section 21703 is a lesser offense to the offenses charged in Counts I and II.”
People v. Leffel, 203 Cal. App. 3d 575 (Cal. Ct. App. 1988).
“Code, § 21650) and at such excessive speeds (Veh. Code, §§ 22348, subd. (a), 22350) virtually occurred simultaneously with each other and were “so closely connected in time that they in effect formed part of one transaction.”
People v. Anderson, 191 Cal. App. 3d 207 (Cal. Ct. App. 1987).
“(b); Veh. Code, § 22348, subd. (b).) As we explain in part IV below, a public offense calling for a $1,000 penalty should be deemed serious in nature if charged against an individual defendant even if called an infraction.”
People v. Bowden, 86 Cal. App. Supp. 3d 1 (Cal. App. Dep’t Super. Ct. 1978).
“(Count II, Veh. Code, § 22348, subd. (a); count III, Veh.”
People v. Williams, 175 Cal. App. Supp. 3d 16 (Cal. App. Dep’t Super. Ct. 1985).
· cites it 2× “Williams was cited for travelling 65 miles per hour, 10 miles per hour faster than the maximum speed limit in violation of California Vehicle Code section 22348, subdivision (a).”
Hargrave v. Winquist, 134 Cal. App. 3d 916 (Cal. Ct. App. 1982).
· cites it 4× “” While speed laws are generally safety measures, Vehicle Code section 22348, lowering the maximum speed limit to 55 MPH, was ostensibly enacted as a fuel conservation measure.”
People v. Heinzel, No. D063503 (Cal. Ct. App. July 8, 2014). · cites it 4× “(b)); and driving faster than the posted speed limit (Veh. Code, § 22348, subd. (a)). Ernest Phillips, an accident reconstruction specialist employed by the County of San Diego, also performed an accident reconstruction analysis of the collision.”
People v. Harris, 208 Cal. App. Supp. 4th 1 (Cal. App. Dep’t Super. Ct. 2012).
· cites it 4× “Next, Vehicle Code section 22348, subdivision (c), the statute under which appellant was cited, specifies that, with specified exceptions, any vehicle subject to Vehicle Code section 22406 must be driven (1) in a lane designated pursuant to Vehicle Code section 21655 or, where…”
People v. Dibacco, 117 Cal. App. Supp. 4th 1 (Cal. App. Dep’t Super. Ct. 2004).
“Code, § 23103) and for driving in excess of 100 miles per hour, an infraction (count 2; Veh. Code, § 22348, subd. (b)). Appellant appeared for arraignment without counsel.”
Cal. Vehicle Code § 22348(a): 2 cases
Hargrave v. Winquist, 134 Cal. App. 3d 916 (Cal. Ct. App. 1982).
“” While speed laws are generally safety measures, Vehicle Code section 22348, lowering the maximum speed limit to 55 MPH, was ostensibly enacted as a fuel conservation measure.”
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