Commercial Motor Vehicle (CMV) traffic tickets can cause extreme hardship for commercial drivers who face unique challenges when it comes to traffic violations in California. From speeding to logbook violations, these infractions can have serious consequences that impact a driver's livelihood and freedom.
#1 - CMV Traffic Ticket: Speeding
Speeding is a common violation among CMV drivers, and the penalties can vary depending on the severity. For speeds between 5-9 mph over the limit, drivers can face fines of around $285 and 1.5 Negligent Operator Treatment System (NOTS) points. However, exceeding 10-14 mph over the limit incurs a $500 fine+ 1.5 NOTS points.
It's essential to note that if a CMV driver exceeds 15 mph over the statewide 55 mph limit, it becomes a misdemeanor. This offense can result in fines exceeding $1,000 and a possible county jail term of up to three months. A traffic attorney can help defend your case, challenge the evidence, and strive for a favorable outcome.
#2 - CMV Traffic Violation: Logbook Violations
Logbook violations encompass various issues, ranging from minor paperwork errors to Hours-of-Service (HOS) violations to severe infractions involving hazardous materials. These violations can arise from incorrect address entries, failure to adhere to Form & Manner regulations, mislabeled hazardous materials (HM), using incorrect routes, or inadequately secured HM cargo.
The penalties are typically much higher, and 360 misdemeanor HM violations exist. CDL holders must consult with a CA traffic attorney about these CMV traffic tickets to avoid possible jail time and other penalties that affect their driving career.
A traffic attorney experienced in CMV traffic ticket cases will meticulously review the circumstances surrounding the violation, identify any potential legal defenses, and work towards minimizing the impact on your driving record and career.
#3 - CMV Traffic Violation: Overweight Truck
Overweight truck violations are a significant concern for CMV drivers. While most overweight trucks are typically fined around $1.00 per pound overweight, exceeding 4,501 pounds over the limit can result in misdemeanor charges.
In addition to substantial fines, drivers may face the possibility of jail time. An experienced traffic attorney can examine the details of your case, negotiate a good result, challenge the accuracy of weight measurements, and present a strong defense to protect your interests.
#4 - CMV Traffic Ticket: Lane Violation
In California, commercial vehicles are subject to strict lane restrictions. They are limited to the first lane except for passing and may only use the second lane for passing, never the third or fourth.
Violating these lane restrictions can lead to serious consequences, including fines, negligent operator points, and potential damage to your Pre-employment Screening Program (PSP) record. A skilled traffic attorney can analyze the specifics of your case, challenge the validity of the violation, and work towards reducing or dismissing the charges against you.
Frequently, a no-point conviction for any of these or other CMV traffic tickets is the most beneficial option for commercial drivers. Many fleet managers will not tolerate a moving violation conviction that could raise their fleet insurance premium. Fair or not, many fleet managers are judged by how well they manage traffic violations and fleet insurance premiums.
Why a Commercial Driver Needs an Experienced Traffic Attorney
CMV traffic tickets can have far-reaching consequences, affecting your driving record, livelihood, and personal freedom. Navigating the legal complexities surrounding these violations requires the expertise of a knowledgeable traffic attorney.
An experienced attorney specializing in CMV cases will possess a deep understanding of the relevant CA vehicle codes, DOT FMCSA regulations, and potential defenses. They will work tirelessly to protect your rights, negotiate with traffic court judges/prosecutors, and strive for the best possible outcome, whether that involves reducing fines, minimizing points on your record, or avoiding jail time.
If You Need Help Resolving a CMV Traffic Ticket in San Bernardino County, CA, Consult Bigger & Harman
While the Barstow Traffic Court is closed (temporarily?), most CMV traffic tickets on I-15 will go to Victorville Traffic Court in San Bernardino County, CA, for resolution.
If you find yourself facing a CMV traffic ticket in San Bernardino County, CA, it is crucial to seek the guidance of an experienced traffic attorney.
Call (661) 349-9300. Likewise, you can use the convenient contact form or email attorney@biggerharmanlaw.com them.
We will protect your rights, diligently examine the evidence, and develop a strong defense strategy tailored to your specific circumstances. Don't let a CMV traffic ticket or violation jeopardize your driving career and personal freedom. The initial consultation is free.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook.
CVC 12810, Issuance and Renewal of Licenses.
The DOT FMCSA CFR Part 383.31, Notification of Convictions for Driver Violations.