The transportation of hazardous material is not for the faint of heart or intellectually challenged. When you are hauling explosives, you must ensure nothing gets left to chance. Everything from receiving the shipment to route maps and rest stops can get you a misdemeanor ticket for even the slightest misstep. The reality could be much worse than an arrest for mishandling.
CA Vehicle Code (CVC) 31602
CVC 31602 (a-c), Transportation of Explosives describes three circumstances where a driver could get charged with a misdemeanor.
- Transporting explosives without a valid commercial driver’s license (CDL) and endorsement
- Transporting explosives on a highway not expressly designated by the CHP
- Stopping at any location not expressly designated by the CHP
The term explosives include fireworks, as defined in CVC 32000.5, which is where many drivers fail to make the distinction and get ticketed. Actually, CVC 31600-31620 are all concerned with the transportation of explosives and describes several misdemeanor offenses for miscues while in transport.
For example, CVC 31611 provides that any driver who cannot show requesting law enforcement officers (LEO) the proper map of their designated route could be guilty of a misdemeanor. CVC 36112 makes it a misdemeanor for not carrying the shipping instructions, and CVC 36113, carrying prohibited explosives.
You can check the Placer County 2019 Misdemeanor Bail Schedule for more information. However, depending on your circumstances, the bail could be more or less. You should always consult a traffic ticket defense attorney about any traffic violation.
The Misdemeanor Ticket Conviction
Less than five percent of drivers arrested and charged with a misdemeanor get convicted when represented by knowledgeable traffic ticket attorneys. Most judges understand the driver made a mistake and will agree to the request for a reduced charge or dismissal. Many judges realize drivers are human too, and although some negligence on the part of the driver cannot be forgiven when injuries and death occur, but not having the correct route map is not one of those.
When a driver gets convicted, the fine is usually $4,175. The DMV will assess three Negligent Operator Treatment System (NOTS) points. Three NOTS points is the maximum a driver can receive without getting a suspension order. When you already have one or more NOTS point during the last twelve months, three in the last two years, or five within three, the DMV will issue a “Suspension/Probation Order.” That does not mean your license got suspended; it does mean you will have to request and attend a DMV NOTS Hearing.
The request must be made within ten days of the DMV mailing. Although the State and the DMV do not require you to have an attorney present at the hearing, it just makes sense. Traffic ticket attorneys are in traffic court for many of the hearings when the ticket gets decided. Therefore, they know which tickets have a possibility of removal. Even for those tickets in your private vehicle when you may have just paid the fine.
Civil Penalties
The civil penalties for the mishandling of explosives that leads to injury or death could result in a civil fine of $50,000 to $75,000 for the driver and up to $175,000 per incident for the carrier. The penalties generally get assessed for “knowingly” violating the law. Although, a carrier could get a $450 penalty for incorrect or improper training that leads to a violation.
Likewise, many of these penalties could revert to the shipper when it is proven the negligence was theirs, not the carrier or drivers. A traffic attorney can conduct an independent investigation to establish the driver was not at fault.
Placer County Traffic Court
The Santucci Justice Center is on Justice Center Drive, building 10820 in Roseville, CA and opens from 8 am to 4 pm Monday through Friday except for Federal holidays, but the court clerk’s office closes at 3 pm. The Tahoe Courthouse address is 2501 N. Lake Blvd in Tahoe City, CA with the same operating hours.
You can plead not guilty either by mail or in person, which means an attorney could do either of those in your place. A misdemeanor ticket will likely require bail if you intend to plead not guilty. You should always speak with a traffic attorney before deciding about how to proceed.
Speak with a CDL Traffic Ticket Attorney that Handles Tickets from Roseville, Placer County
Call Bigger & Harman (661) 349-9300. Se habla Español (661) 349-9755.
We handle all types of traffic violations. Whether you have a ticket for an overweight truck, speeding, following too closely, or a misdemeanor charge for explosives or HazMat, misdemeanor speeding under CVC 22406.1 for 70 mph or more, or others, we can help. Give us a call to receive a no-obligation, free initial consultation about your situation.
Send us an email, attorney@biggerharmanlaw.com.
References:
The 2018 CA Commercial Driver Handbook .pdf
Placer County 2019 Misdemeanor Bail Schedule
CVC 31602 (a-c), Transportation of Explosives & CVC 31600-31620
The International Trade Blog, DOT Increases Penalties for Non-Compliant Hazmat Shipping