It is crucial for the commercial driver to consult a traffic attorney familiar with CDL violations. Hanford Traffic Court is one of the toughest in the state, and many attorneys do not like to practice there. However, when a trucker’s livelihood is in jeopardy from just one conviction of a moving violation, you need the best possible defense.

Frequently, we are able to prove the law enforcement officer (LEO) was not adequately trained to use the Radar or Lidar device, or that the  device was not calibrated, which could lead to a dismissal of a speeding ticket.

In many cases, the LEO did not use the correct procedure, or there was reasonable doubt that they were not in a good position to accurately determine that you were following too closely. Instead, you were cut off by the driver pulling back into your lane after passing another vehicle.

Some charges can get reduced when the judge looks at the circumstances surrounding the event, particularly when the driver would have a criminal record if convicted. Since we solely practice traffic law, we spend a great deal of time in traffic court. We know the judges, the LEOs, and the administrative personnel who can help us get a favorable resolution of your case when possible. 

Is There a Difference Between a Regular Driver’s Violation and a CDL Violation?

Technically, a speeding ticket for going ten mph over the speed limit in a car and ten mph over in a commercial vehicle are the same. However, many legislators who create laws and the LEO and judges who enforce them worry about more severe injuries and property damage from a 40-ton truck than a Prius; thus, they make the consequences of a conviction for CDL violations more expensive.

Not only is the fine bigger, but the penalties are more significant as well. This makes it difficult for the average CDL holder who is just trying to deliver their load to earn a salary to put food on the table for their families.

Most speeding, following too closely, unsafe lane changes, and cell phone ticket (first time fine of around $150) convictions in CA require the same fine of about $238. However, the commercial driver is assessed 50% more negligent operator treatment system (NOTS) points than their regular driver peer. Plus, when notification of that conviction gets to the DOT FMCSA, it could become a “serious offense” with the possibility of more significant fines and more severe consequences.     

In order for a speeding conviction to be a serious offense, it must have been for 15 mph over the speed limit, which is easier than one would think due to the CA speed differential that restricts most commercial vehicles to 55 mph. At the same time, their four-wheel, two axle counterparts can go 70 mph. If the truck driver doesn’t know this or see the sign, particularly out-of-state truckers and bus drivers, they could assume they can do 70 as well.

But that 15 mph over is a misdemeanor crime and a serious offense, which, if convicted a second time within three years, will result in a 60-day driver disqualification.

What’s more, commercial drivers must worry about FMCSA Hours of Service violations, Logbook violations (even though less prevalent since the electronic logging device (ELD)), cargo loading, length, and weight requirements and restrictions, permits, and many other things the regular driver is not concerned with; they just get in and drive.

Whatever the CDL violation, you should consult a traffic attorney with experience resolving CDL violations. There is an art to negotiating a reduced charge with a judge and a correct time to ask for a dismissal. Ensure you hire a CA traffic attorney with experience in Hanford Traffic Court for Kings County, CA.

Bigger & Harman Handle CDL Violations in Hanford Traffic Court in Kings County, CA 

When you are cited for a CDL violation on I-5 in Kings County, call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.

Although speeding is the most common traffic violation for both four-wheelers and big rigs, we handle many other alleged traffic offenses in Hanford Traffic Court. We have been resolving traffic charges for truckers and regular drivers there for more than a decade.

We charge a flat rate to resolve such issues as speeding, overweight trucks, HazMat and permit violations, unsafe lane changes, illegal U-turns, failure to yield the right of way, failure to stop for a red light or stop sign, and many more. Each case is different, so give us a call or send us an email with the particulars of your citation.   

Email: attorney@biggerharmanlaw.com. 

References:

The 2019-2021 CA Commercial Driver Handbook.pdf