Most over-the-road (OTC) commercial drivers must hire an attorney to resolve their speeding ticket in court. A conviction for a moving violation can be detrimental to their career.
In this blog post, we will explore how to dispute a speeding ticket as a commercial driver in CA, including hiring a CA CDL traffic attorney, shooting for a dismissal or a reduced conviction for a non-moving violation, and disputing your CDL speeding ticket at trial with a CA traffic attorney.
According to CA Vehicle Code (CVC) Section 22406, Other Speed Laws, it is speeding to exceed the statewide 55 mph speed limit for most commercial vehicles.
Hire a CA CDL Traffic Attorney
Hiring a CA CDL traffic attorney can benefit commercial drivers facing a speeding ticket. A traffic attorney can review the evidence, negotiate with the traffic court judge for a reduced charge or sentence, or develop a strategy for disputing the ticket in court. An experienced traffic attorney will normally not require a commercial driver to be present in court, saving them time and money in the long run.
Shoot for a Dismissal; Accept a Reduced Conviction for a Non-Moving Violation
One way to fight a speeding ticket is to aim for a dismissal or a reduced conviction for a non-moving violation. Not all courts offer this option. But an attorney regularly practicing in these courts will know when it is a possibility. A dismissal means the charges are dropped, and the driver does not have to pay fines or face penalties.
A reduced conviction for a non-moving violation means the driver will be convicted of a less serious offense, much like a parking violation. Although the fine for the non-moving violation could be the same as the fine for speeding, it will not result in any negligent operator treatment system (NOTS) points on their CA driving record.
What‘s more, if there are no points, the DMV is not notified of the violation. A CA CDL traffic attorney can help negotiate with the traffic court judge in some courts to achieve these outcomes.
Dispute Your CDL Speeding Ticket at Trial with a CA Traffic Attorney
Since most CDL holders get paid by the mile, they cannot afford to take time off to sit in traffic court waiting for their names to be called. Self-representation is not normally a viable solution, as most are not traffic attorneys. Even lawyers in other niche areas hire traffic attorneys to resolve their speeding tickets in traffic court.
Therefore, commercial drivers often choose to dispute their CDL speeding ticket at trial with a CA traffic attorney. The traffic attorney must raise “reasonable doubt” with the traffic court judge.
If the law enforcement officer doesn’t show up for a trial, they can immediately ask for a dismissal. The driver has a right to face their accuser at the trial.
The attorney can do that by various measures depending on the fact in the case. They could present evidence that the driver did not violate any traffic laws, the speed of the vehicle was reasonable given the conditions, or that the citation was issued in error.
A traffic attorney can prepare their case to dispute the CDL speeding ticket by submitting a subpoena for the calibration report for the speed measuring device, the training records for the LEO who used it, or by presenting evidence that shows the judge it wasn’t the truck that was going 84 mph. The larger vehicle typically catches the RADAR or LIDAR signal, especially in inclement weather or if the LEO was not fully trained.
However, it's important to note that disputing a CDL speeding ticket at trial can be time-consuming and costly. The CDL holder must seriously consider which is more important, a few hundred now or training for another career.
Consult with Bigger & Harman, APC, to Resolve Your Commercial Driver Speeding Ticket in Roseville, CA
Fighting a speeding ticket as a commercial driver in Roseville, CA, can be challenging, but with the help of a CA CDL traffic attorney, it is possible to achieve a favorable outcome.
Call Bigger & Harman at (661) 349-9300 or email attorney@biggerharmanlaw.com.
Commercial drivers always receive a free initial consultation with us, by phone, Zoom, email, or our online contact form.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook.
CVC Sections 22406, Other Speed Laws.