Getting a CMV speeding violation can be stressful even for an experienced commercial driver.

The potential consequences, especially for exceeding the speed limit by 15 mph or more, can be severe. 

We understand you may be facing a hefty fine, negligent operator treatment system (NOTS) points, DOT FMCSA severity points, and even the possibility of a driver disqualification for repeated serious offenses on your Commercial Driver's License (CDL). 

This blog post will discuss how to navigate the legal system in Truckee Traffic Court. We can assist you in resolving a CMV speeding violation without you missing a load to sit in court waiting for your turn. 

You can continue driving and providing for your family while we resolve your ticket for a convenient flat fee.

Preventing a CMV Speeding Violation Ticket

Before we dive into contesting a ticket, let's look at some ways to avoid them altogether:

• Know the Speed Limits: Remember that the statewide speed limit for most commercial vehicles with three or more axels is 55 mph. 
• Use a Speed Governor: Carburetor controls are an excellent method of maintaining a safe and consistent speed, especially on the extreme grades on I-80 around Truckee, CA.
• Plan Your Route: Allow ample travel time to avoid the urge to speed up due to tight deadlines.
• Avoid Distractions: Don't get distracted by your phone or talk radio.

By following these simple tips, you can significantly reduce your chances of getting a CMV speeding violation. However, things happen. When they do, consult a CA traffic attorney.

Disputing a CMV Speeding Violation in Truckee Traffic Court

There are several ways to dispute a CMV speeding violation:

• Consult with a CA Traffic Attorney: Bigger & Harman offer a free initial consultation.
• Fight the Ticket in Court: You have the right to plead not guilty and argue your case before a judge, or allow an attorney to represent you.
• Negotiate with the Traffic Court Judge: You may be able to negotiate a lesser charge or a reduction in the fine. This negotiation is often best done by a knowledgeable attorney.

An attorney can often negotiate a non-moving violation conviction with no points. When there’s no moving violation, there’s no record kept. You pay the fine and keep trucking. 

Consulting and Hiring a Traffic Ticket Defense Attorney

While you can fight a commercial vehicle speeding ticket yourself, the consequences of a conviction, especially for exceeding the speed limit by 15 mph or more, can be devastating. Here's why an experienced traffic ticket defense attorney can be invaluable:

• Understanding the Law: Traffic laws, especially those pertaining to commercial vehicles, can be complex. An attorney can explain the law in clear terms and advise you on the best course of action.
• Experience in Court: Attorneys have the experience and knowledge to effectively argue your case in court and increase your chances of a successful outcome.
• Negotiation Skills: A skilled attorney can negotiate with the traffic court judge on your behalf, potentially reducing the charges or fines.
• Secure a Dismissal: There are many technicalities that warrant a dismissal, but the judge is under no obligation to do that unless asked. Knowing when to ask is crucial. 

Since a practicing traffic attorney spends most of their time in court, they know how the judges rule in various situations and which negotiations they often approve.  

Penalties for CMV Speeding Convictions

The penalties for a commercial vehicle speeding ticket in CA vary depending on how much you were exceeding the speed limit:

• 1-9 mph over: This typically results in a fine of around $300 and 1.5 points on your Negligent Operator Treatment System (NOTS) record.
• 10-14 mph over: This usually carries a fine of around $486 and 1.5 NOTS points.
• 15 mph or more over the statewide 55 mph speed limit: This can lead to a fine exceeding $1,000, three NOTS points, potential jail time or probation, and a misdemeanor on your record.

Likewise, a speeding conviction for 15 or more over the speed limit or speeding in a construction zone is a “serious offense” at the DOT FMCSA. 

A second conviction of a serious offense within 36 months of the first conviction will result in a 60-day driver disqualification, and a third within the same timeframe will get the driver disqualified for 120 days. 

Don't Risk Your Career. Contact Us Today

A CMV speeding violation can seem like an insurmountable task, but it doesn't have to be the end of the road. 

A CA traffic attorney like one of our experienced traffic ticket defense attorneys can help you navigate the legal process and fight for the best possible outcome. 

Contact Bigger & Harman About Your CMV Speeding Violation 

When you have a CMV speeding violation pending in Truckee courthouse, call Bigger & Harman, APC, at (661) 349-9300 — use our contact form to send a picture of your ticket/violation or email attorney@biggerharmanlaw.com.

Se habla Español (661) 349-9755.

Download our e-book, Protecting Your Commercial Driver License.

References:

The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.

CVC Sections 22406 & 22406.1, Speed Laws.

The DMV Portal CA Commercial Driver Handbook.