One thing a CDL holder must do with a commercial speeding ticket is to challenge it in court with a traffic attorney.Some drivers believe they can go into court without representation, explain their circumstances to the judge, and get the ticket dismissed. The problem with that is, you might only have one chance to convince the traffic court judge.
What’s more, it will likely cost you more to take two days off to challenge the ticket than it would to pay the traffic attorney’s flat fee to resolve your ticket. You must figure one day for the arraignment and one for the trial, though it could be the same day in a less crowded court.
A speeding ticket is the most common traffic violation. Most often, drivers simply pay the fine without regard to consequences, such as the increase in auto insurance premiums, FMCSA penalties, and other penalties that could be forthcoming.
If you are a fleet driver, when the fleet manager gets notification of your commercial speeding ticket, a moving violation, you could be terminated. Regardless of how many years you have been driving with a clean record, one moving violation could be too many. And, it will be more challenging to get a high-paying position with another fleet with a scar on your Pre-employment Screening Program (PSP) record.
Fleet managers often have a zero-defect mindset when it comes to moving violations. They would rather fire you and take their chances with a new driver than give you a chance even though you went years without a conviction. That is one reason you must always hire an attorney and challenge a commercial speeding ticket.
California’s Statewide Speeding Differential
CA Vehicle Code (CVC) Section 22406, Speed Laws, make it an infraction to exceed the 55 mph speed limit for most CMV with three or more axles, or those hauling another vehicle. However, if you exceed it by 15 mph or more, it is a misdemeanor crime and a “serious offense” with the FMCSA that could result in a 60-day disqualification for a second conviction within three years.
In California, whether you get convicted for a speeding violation in your personal vehicle or commercial motor vehicle (CMV), the DMV will assess negligent operator treatment system (NOTS) points. The regular driver will get 1 NOTS point for a minor infraction of speeding. In contrast, their commercial driving peer will get 1.5, according to CVC Section 12810.5, Issuance and Renewal of Licenses.
The DMV is charged with monitoring motor vehicle driving records (MVR) and assessing NOTS points for at-fault accidents, minor and major infractions, misdemeanors, and felony violations of traffic law. Once you accumulate four NOTS points within a year, six within two years, or eight within three years, you could be considered by the DMV for suspension and probation.
You only have ten days after the DMV mails the notice to request a DMV hearing to get more leeway on points before suspension based on a higher number of miles driven in a CMV, provided the majority of points were in your CMV. Request a hearing, and then consult an attorney.
Get Help to Challenge a Commercial Speeding Ticket in Roseville, CA
When you receive a commercial speeding ticket in your CMV, contact Bigger & Harman, (661) 349-9300 for a free consultation to discuss your options.
Se habla Español 661.349.9755.
We have experience negotiating with traffic court judges to get no-point violations in place of moving violations. This ability to plea for a no-point conviction can be very beneficial to truckers. No points are added to your CA MVR, nor is the DOT FMCSA notified when there are no points assessed.
Please send us your questions by email, attorney@biggerharmanlaw.com.
References:
The 2019-2021 CA Commercial Driver Handbook.pdf
CVC Section 12810.5, Issuance and Renewal of Licenses & Section 22406, Speed Laws
The FMCSA CFR 49 Part 383.51, Driver Disqualifications