Hiring a CA commercial vehicle speeding ticket lawyer is the most obvious method of possibly avoiding commercial vehicle speeding penalties.
Protect Your CDL and Career with a Traffic Ticket Attorney
Speeding tickets are the most common traffic violation for regular drivers and those with a commercial driver's license (CDL).
However, the consequences for commercial drivers are far more severe. A speeding ticket in a commercial vehicle can lead to hefty fines, license suspension, and even job loss.
Commercial Vehicle Speeding Penalties
Unlike a regular speeding ticket, a speeding violation in a commercial vehicle carries significant penalties from state and federal authorities.
Here's what's at stake:
State-Level Penalties: Exceeding the speed limit by 15 mph or more in a commercial vehicle is considered a misdemeanor in CA. A conviction could result in:
- Jail time or probation
- A fines exceeding $1,000, which could be three times that when you include court fees, State and County penalties, and surcharges.
- Speeding one to 14 mph over the speed limit typically costs between $250 and $800, plus 1.5 negligent operator treatment system (NOTS) points.
Federal-Level Penalties: The FMCSA considers speeding 15 mph or more over the limit a "serious offense." Two convictions within three years can lead to:
- Disqualification from driving a commercial vehicle for 60 days (second offense).
- 120 days driver disqualification (third offense).
- One-year disqualification (fourth offense).
- A possible lifetime ban for a subsequent offense.
Fleet Termination: Many fleet companies have zero-tolerance policies for moving violations. A single speeding ticket could result in job termination.
Speeding 15 mph or more over the statewide commercial vehicle speed limit of 55 mph is a misdemeanor crime in CA.
Although it is very unlikely a trucking firm will keep your position open for the 60 days, regardless of your previous driving record.
The Safety Measurement System (SMS) percentile is calculated using a complex formula based on the number of driver convictions, Compliance, Safety, and Accountability (CSA) severity points multiplied by time-weights, total vehicles in the fleet, and miles driven.
Although this is a complex computation method, basically every moving violation counts against the carrier’s DOT number. The quickest way to lower their percentile is to terminate drivers with moving violations.
Since serious offenses typically carry the most significant severity points, they are the first to get terminated. However, the conviction penalties and disqualification must be served by the driver, and the record is filed in their Pre-employment Screening Program (PSP) record for three years, which every fleet must consider before hiring a driver.
Don't Risk Your CDL. Fight the Ticket!
The consequences of a speeding ticket for a CDL holder are simply too great to ignore. Hiring an experienced CA traffic attorney is the best way to protect your driving privileges and career.
Although there are no guarantees, here's how a commercial speeding ticket lawyer could help:
- Challenge the Ticket: An attorney can review the evidence and identify potential weaknesses in the State's case. They can negotiate with the traffic court judge for a reduced charge or dismissal of the ticket.
- Minimize Commercial Vehicle Speeding Penalties: When it appears the State’s case is strong, a seasoned commercial vehicle speeding ticket lawyer could request a non-moving, no-point conviction, which only includes a fine.
- Protect Your CDL: An attorney understands the complex regulations governing CDLs and will do everything possible to keep your driving record free of moving violation convictions.
Consult with Bigger & Harman, APC, about Commercial Vehicle Speeding Penalties
Contact us today to discuss how we can help you avoid commercial vehicle speeding penalties with a possible dismissal or reduced no-point, non-moving violation. The initial consultation is free.
Call (661) 349-9300, use our handy 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.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.