Should I Challenge a Commercial Vehicle Speeding Ticket?

undefined The question of whether you should challenge a commercial vehicle speeding ticket is a no-brainer for all commercial driver’s license (CDL) holders. The answer is unequivocal—YES!

You must consult and hire a CA traffic attorney who practices in the traffic court, where you must resolve your ticket.

When CDL holders are charged with speeding or any moving violation, they have little choice but to challenge the ticket in traffic court with a traffic attorney.

For the average driver, a minor infraction speeding ticket is mostly an uncomplicated process. You pay the fine and attend traffic violator’s school (TVS) to keep the conviction confidential.

For the commercial driver accused of speeding, there is no possibility of attending TVS when they get a commercial vehicle speeding ticket. Moreover, there is no keeping the conviction confidential. Every conviction of a moving violation is a public record and reportable to the DMV and the DOT FMCSA.

The DOT FMCSA & Commercial Vehicle Speeding

A commercial vehicle speeding conviction will be assessed 1.5 negligent operator treatment system (NOTS) points, reported to the FMCSA and assessed the appropriate Compliance, Safety, and Accountability (CSA) severity points. You could get your CDL suspended and lose your job.

Furthermore, when a driver exceeds the statewide 55 mph speed limit by 15 or more mph, they can be convicted of a misdemeanor crime, fined, and jailed for up to six months. For more information, read CA Vehicle Code (CVC) Section 22406.1, Other Speed Laws, and our blog, Misdemeanor Speeding Ticket in Commercial Vehicle? Better Lawyer Up!

Likewise, 15 mph or over and any speeding in a construction area are considered by the DOT FMCSA as a “serious offense.” If you were convicted of “excessive speed” within the previous 36 months, it would still be on your CA motor vehicle driving record (MVR) and the FMCSA Pre-Employment Screening Program (PSP) record, and you are subject to a 60-day driver disqualification.

Do you think the fleet manager at your trucking firm will wait two months to fill the seat? It’s doubtful.

Consult Bigger & Harman, APC, about Commercial Vehicle Speeding in Roseville, CA

Call the law office of Bigger & Harman, APC, at (661) 349-9300, send email attorney@biggerharmanlaw.com, or use the contact form to set up a no-obligation, free consultation.

We have been asked to resolve more than 20K traffic violations in CA courts, including hundreds of commercial vehicle driving violations. Moreover, we welcome the opportunity to help commercial drivers charged with commercial vehicle speeding because we understand that they don’t have the same privileges afforded regular drivers. Not just the ability to attend driver’s school, but many CHP target truck drivers while other drivers fly by.

Se habla Español (661) 349-9755.

References:

CVC Section 22406 & 22406.1, Other Speed Laws

The FMCSA CFR 49 Part 383.51, Driver Disqualifications