If you get a speeding ticket in a CMV on State Route (SR) #165 that connects SR #99 and I-5, or another, you might need to dispute the ticket in Los Banos in Merced County, CA.
Many commercial drivers who haul agricultural products use this rural highway that connects #99 and the 5 as their throughway to Central Valley, CA, agricultural heartland. Many tourists know it will take them to Great Valley Grasslands State Park, Los Banos, Hilmar, or Stevinson.
The Merced Courthouse and Los Banos Courthouse see many truckers and tourists in traffic court to resolve speeding tickets.
Many believe the best course of action is to pay the fine and move on. However, that’s not a good option for commercial driver’s license (CDL) holders. They know better. The fine for speeding in a CMV is typically only the beginning of a fleet driver’s problems.
How a Speeding Ticket in a CMV Conviction Affects the Driver & the Carrier
Any speed over 55 mph in a commercial vehicle is speeding in CA.
Most fleet managers have a zero-tolerance for moving violations. One of their most significant responsibilities is to keep the fleet insurance premium low. Moving violations affect the carrier’s premium negatively.
You might never have had a moving violation before, but if you’re the latest with a paid fine after management told the fleet manager to lower premiums, you could be terminated or given a final warning.
They would sometimes rather fill the seat with a rookie straight out of school than retain the driver with even one moving violation.
What’s more, after paying the fine, the DMV assesses 1.5 negligent operator treatment system (NOTS) points and sends a notification to the DOT FMCSA, which assesses Compliance, Safety, and Accountability (CSA) severity points for all moving violation convictions.
Those severity points are multiplied by a time-weight standard. A similar violation within the previous six months would be multiplied by three. Six months to a year the multiplier is two, and one year to three, the conviction will stay on the driver’s Pre-employment Screening Program (PSP) record at face value for three years.
Those points are kept on the DOT number of the carrier for two years. The Safety Measurement System pulls the carrier’s record each month and compiles a percentile. That percentile is a complex mathematical equation derived from the severity point and time-weight multiple and applied to the fleet’s total number of vehicles and miles driven.
If that percentile is below 50, the carrier is considered “safe;” however, when the percentile is 51 to 74, the carrier and its drivers might be subject to further FMCSA interventions. When that percentile is 75 or above, all commercial vehicles using that DOT number are pulled into open weigh stations for inspection.
This action can have a “Catch-22” effect, as any inspector can find faults on an 18-wheeler. That’s why it’s best to consult a CA traffic attorney before paying the fine.
If the attorney finds a weakness in the State’s evidence, they can ask for a dismissal or a reduced no-point conviction, equivalent to an expensive parking ticket.
This plea deal puts money in the county treasury, eliminates the driver’s risk of termination and the carrier’s risk of increased fleet insurance and FMCSA interventions. It’s a win for all parties.
Consult with Bigger & Harman, APC, to Hire a Merced County Ticket Attorney
We will provide
- a free, no-obligation initial phone consultation,
- a consultation by email, or
- an in-office consultation for commercial drivers.
We also use a flat fee to resolve a speeding ticket in a CMV so that you know how much our fee will be before you agree to use our legal service.
When you need assistance in Los Banos Courthouse in Los Banos, CA, call or email us.
Call us at (661) 349-9300. Likewise, you can use the convenient contact form or email attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook.
CVC Sections 22406 & 22406.1, Speed Laws.
The FMCSA CFR 49 Part 383.51, Driver Disqualifications.