In CA, using a wrong route for some truckers can result in a misdemeanor violation. Every driver carrying explosives or hazardous materials must carry a map of the route they will use to deliver the cargo. This map must be the latest approved by the CHP. On that map, the driver can see the approved stopping or break areas also approved for hazardous materials or explosives.

Below are some examples of the CA Vehicle Code (CVC) section, the violations name, fine, and possible Negligent Operator Treatment System (NOTS) points, if any. As you can see, a wrong route with explosives could result in a $4,175 fine if convicted and three NOTS points.

Plus, severe civil penalties could apply for the driver and trucking firms when injuries or death result from a willful violation of CVC 31602. The civil fine could be as much as $75,000 for the driver and $175,000 for management.

What’s more troublesome, is the three NOTS points. You can only accumulate four NOTS points in a year, six within two, and eight during any three-year period before you get designated a negligent operator and with a tanker endorsement, the leash can be even shorter.

A CDL holder can petition the DMV to consider their exposure or miles driven through a special DMV Hearing. The points cannot be solely accumulated from your personal vehicle. Consult a traffic attorney for specific details.

What Is a Wobbler or Wobblette for a Wrong Route?

A “wobbler” is a misdemeanor traffic violation that could be a felony or vice versa. A “wobblette” is a misdemeanor that could be an infraction. Many drivers believe it is the judge’s discretion to raise or reduce a misdemeanor to an infraction. That’s not exactly true. A judge must have the driver’s permission to reduce a misdemeanor to an infraction. Most would ask, why wouldn’t you want it reduced to an infraction?

Typically, when it only affects that court’s penalties, a driver would be wise to accept the reduced charge. However, when there are possible civil liabilities, the driver should talk it over with an attorney. However, when there was an accident with injuries and damages, a civil suit could result in costly judgments against the driver who pleaded guilty to a reduced charge.

Actually, drivers should always consult with an attorney before accepting a plea; it’s not always in their best interest.

No-Through Trucking Street — Wrong Route?

This is a different violation and is most likely not a misdemeanor even when hauling explosives, though it could be up to the local judge. These are typically municipal regulations. However, using one of these roads might be the only way to deliver or pick up cargo located on that street. Therefore, a local judge might be inclined to dismiss the case entirely depending on the approach used by the driver or fleet management. Using a traffic ticket attorney is your best option considering local traffic attorneys know how judges usually rule in these circumstances.

Roseville Traffic Tickets for Wrong Routes

Get a free, no obligation consultation from Bigger & Harman, (661) 349-9300, about wrong routes or any traffic ticket in and around the Roseville, CA area. We know traffic law because that is all we do; we do not practice traffic law as a side hustle. We believe specializing gives us an edge. Discover how our legal services can help you maintain a clean driving record.

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Send us an email, today attorney@biggerharmanlaw.com.

References:

The 2019 CA Commercial Driver Handbook.pdf