As a professional driver, every moving violation conviction or paid speeding ticket affects your commercial driver’s license (CDL) in one way or another. 

However, when you receive a speeding ticket in your private vehicle, you might be eligible for traffic violator’s school (TVS). But that conviction will still be reportable to insurance and on your public record, even if the point is avoided. 

Plus, regardless of which vehicle you were driving, you must notify your employer when you are convicted of any traffic violation within 30 days.

Additional Leeway of NOTS Points for CDL Mileage 

However, when your speeding ticket in a private vehicle leads to a negligent operator treatment system (NOTS) suspension due to a majority of points in your private vehicle, you could lose your driving privileges for your CDL as well.

When the majority of NOTS points come from driving a commercial motor vehicle (CMV), you could be considered for more leeway according to CA Vehicle Code (CVC) Section 12810.5, Issuance and Renewal of Licenses. “…the department shall give due consideration to the amount of use or mileage traveled in the operation of a motor vehicle.”

But, beware, you only have ten days from the DMV mailing date to request a DMV NOTS hearing for additional leeway of NOTS points. Therefore, this might be something you need to discuss with your spouse, partner, significant other, or whoever gets your mail when you’re on the road. They should notify you as soon as your receive a notice from the DMV so that you can request a hearing.

Although no law requires you have legal representation at the hearing, it is wise to hire a traffic attorney, as they sit through hours upon hours of cases in traffic court similar to what you will need for either additional points or to get points removed from your motor vehicle driving record (MVR).  

Your Speeding Ticket Conviction and CSA Points   

Your conviction for a speeding ticket has four levels of Compliance, Safety, and Accountability (CSA) severity points:

1. One CSA severity point for speeding 1-5 mph over the speed limit.
2. Four CSA severity points for speeding 6-10 mph over the speed limit.
3. Seven CSA severity points for speeding 11-14 mph over the speed limit.
4. Ten CSA severity points for speeding 15 mph over the speed limit, and all speeding convictions in a construction zone.

That 15 mph over in CA is more common for CDL holders than you might think because the statewide speed limit for most commercial vehicles is 55 mph. In some areas, the speed limit on the highway for other vehicles could be 70 mph. The commercial driver might not be aware of the speed differential if he just crossed in from out of state.

What’s more, CVC 22406.1, Other Speed Laws, makes this speeding conviction a misdemeanor crime. The FMCSA CFR 49 Part 383.51, Driver Disqualifications, defines it as a DOT FMCSA “serious offense.” The second time you’re convicted of speeding 15 or more mph over the speed limit within three years of the firstwill require a 60-day driver’s disqualification, a third 120-days, and a fourth will get a driver disqualified for one year.  

Therefore, when you get a speeding ticket in your CMV or privately-owned vehicle, it is in your best interest to consult a CA traffic attorney. When you get a speeding ticket in your CMV on I-5 or I-10 in Riverside, CA, your CDL could depend on your decision. 

Contact Bigger & Harman, APC, for a Free Speeding Ticket Consultation   

To take advantage of this free consultation for a speeding ticket received in Riverside, CA by phone, call Bigger & Harman at (661) 349-9300. You can also use email to provide us the circumstances of your speeding ticket.

We use a flat rate fee to resolve your speeding ticket regardless of the number of times we must appear in traffic court to resolve your speeding ticket.

Se habla Español (661) 349-9755.

Email: attorney@biggerharmanlaw.com. 

References:

The DMV Portal CA Commercial Driver Handbook Copyright 2022.

CVC Section 12810.5, Issuance and Renewal of Licenses & Section 22406.1, Other Speed Laws

The FMCSA CFR 49 Part 383.51, Driver Disqualifications