There are many reasons for commercial driver’s license (CDL) holders to dispute a commercial vehicle speeding ticket, but the most crucial of those is to protect their career.
The Traffic Code for Information About a Commercial Vehicle Speeding Ticket
The CA Vehicle Code (CVC) Sections 22406 & 22406.1, Other Speed Laws, are two essential sources. The first, CVC 22406, establishes the differential speed limit of 55 mph for all commercial vehicles listed there, including a motortruck or tractor-trailer with three axles or more, and when hauling another vehicle, a bus or passenger vehicle hauling a trailer, farm vehicles transporting workers, passenger buses or school buses with students onboard, or any vehicle hauling explosives.
The second, CVC 22406.1, makes it a misdemeanor crime to drive a commercial vehicle more than fifteen mph over the 55 mph speed limit established in CVC 22406.
Likewise, the DOT FMCSA has established this violation in FMCSA CFR 49 Part 383.51, Driver Disqualifications, as a “serious offense.” Another conviction of a commercial vehicle speeding ticket within three (3) years of the first will lead to a driver’s disqualification of 60 days, a third, 120 days, and a fourth, one year.
However, it is doubtful that a CDL holder will get a third or subsequent conviction within three years, as these convictions are recorded on the driver’s Pre-employment Screening Program (PSP) record. Therefore, if the driver is terminated from the current fleet, another fleet considering hiring the driver must examine the PSP and could face severe sanctions for hiring a driver with two or more serious offense convictions.
What Are the Penalties for a Commercial Vehicle Speeding Ticket Conviction?
The driver found guilty of speeding one to nine mph over the 55-mph speed limit in Kings County, CA, will pay approximately $285, ten to fourteen mph over is around $500, and fifteen or more mph over the 55 mph statewide speed limit will typically be charged as a misdemeanor crime, subject to probation or county jail time, a $1,000 fine, or both fine and jail.
Additionally, if convicted, the DMV will assess three negligent operator treatment system (NOTS) points, with a record forwarded to the DOT FMCSA Safety Measurement System (SMS). The FMCSA will assess the maximum ten Compliance, Safety, and Accountability (CSA) severity points. These points will be assessed on the driver and the fleet’s DOT number.
However, if there’s no conviction; there’s no record. Consult a traffic attorney.
The CDL holder must consult with and hire a CA traffic attorney with knowledge of the traffic code and Superior Court trial experience. When the CDL holder sees the “M” circled on their commercial vehicle speeding ticket, that signifies they have been issued a misdemeanor summons.
The CDL holder is advised against making any statement to the issuing law enforcement officer (LEO) without an attorney's presence. Nowadays, most LEOs wear a body camera, and they will present the video as evidence in court. Arguing with the LEO at the roadside could lead to your inadvertently admitting guilt. Remain silent and contact Bigger & Harman, APC, immediately.
Contact Bigger & Harman, APC, for a Free Consultation About Your Commercial Vehicle Speeding Ticket
Contact Bigger & Harman on our handy contact form, email attorney@biggerharmanlaw.com, or call (661) 349-9300.
We can often start the process by email or phone conversation. We use a flat fee to resolve commercial vehicle speeding tickets and other alleged violations.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook Copyright 2022.
CVC Section 22406 & 22406.1, Other Speed Laws.
The FMCSA CFR 49 Part 383.51, Driver Disqualifications.