What Is Commercial Vehicle Misdemeanor Speeding?
CA Vehicle Code (CVC) Section 22406.1, Other Speed Laws, cautions that driving 15 or more mph in a commercial vehicle over the statewide 55 mph speed limit established in CVC Section 22406, for vehicles identified therein, is commercial vehicle misdemeanor speeding. Likewise, it is also a DOT FMCSA “serious offense.”
According to CVC Section 22406.1, Paragraph (b), “A person who holds a commercial driver’s license…and operates a noncommercial motor vehicle upon a highway at a speed exceeding a posted speed limit…by 15 miles per hour or more, is guilty of an infraction.”
Therefore, only commercial drivers in a commercial vehicle can be charged with a “misdemeanor” under this traffic code section.
Commercial driver’s license (CDL) holders must first worry about challenging the charge in a CA Traffic Court or Superior Court. These commercial drivers must consult with a CA traffic attorney who has experience in traffic court and criminal court.
A conviction for commercial vehicle misdemeanor speeding could mean the end of a driver’s career and a criminal record that will stay on their driving record for up to ten years. This is not a charge to take lightly, and self-representation is not the answer. Nor is telling the judge you were unaware of the law. As they say, “Ignorance of the law is no excuse.”
Commercial Vehicle Misdemeanor Speeding Ticket Defense
The defense of this charge begins on the side of the freeway when the law enforcement officer (LEO) asks for your license, registration, and proof of insurance. They might even ask, “Do you know how fast you were going”? This is a typical question employed by LEO to get you to admit guilt. They are likely wearing a body cam and “…whatever you say can and will be used against you in a court of law.” It is almost certainly nothing you can say to that LEO there on the side of the road will get you out of that ticket.
To make it easier for your defense attorney, be polite. It’s difficult to get a judge’s sympathy when you are rude to a CA peace officer. Like you, they’re just doing their job. Invoke your “right to remain silent,” sign the ticket, and contact Bigger & Harman at 1701 Westwind Dr. Suite 203, Bakersfield, CA, immediately.
Consult With Bigger & Harman, APC, About Your Commercial Vehicle Misdemeanor Speeding in Kern County
Bigger & Harman are Bakersfield Traffic Ticket Defense attorneys with more than ten years of experience defending traffic tickets in Traffic Court and Superior Court. Call (661) 349-9300.
We use a flat rate to ensure you get the quality defense you need without the shock of an hourly wage. You will know beforehand how much our fee is.
Se habla Español (661) 349-9755.
Email: attorney@biggerharmanlaw.com.
References:
The 2019-2021 CA Commercial Driver Handbook.pdf