The only misdemeanor speeding charge in CA is a commercial vehicle speeding ticket. Sure, there are occasions when a law enforcement officer (LEO) could write another misdemeanor ticket for reckless driving, a speed contest, or an exhibition of speed, etc., but the only CA Vehicle Code written specifically as a misdemeanor speeding charge is in a commercial vehicle.
What Does CA VC Section 22406.1 Say About Speeding in a Commercial Vehicle?
CA VC 22406.1, Other Speed Laws, specifically targets commercial vehicles:
“(a) A person who operates a commercial motor vehicle, as defined in subdivision (b) of Section 15210, upon a highway at a speed exceeding a posted speed limit established under this code by 15 miles per hour or more, is guilty of a misdemeanor.”
No other section of the traffic code is explicitly defined to target a group of people doing their jobs. That may sound inflammatory, but it’s simply the truth.
The CA Assembly, Senate, and Governor decided that these large vehicles should not drive more than 55 mph anywhere in CA, and if they do so by 15 or more mph, they can be tried as a criminal.
Let’s examine what Cornell Law School defines as a misdemeanor:
“A misdemeanor is a type of offense punishable under criminal law. A misdemeanor is typically a crime punishable by less than 12 months in jail.”— Cornell Law School Legal Information Institute (LII) WEX Definitions: Misdemeanor.
Surely, the CA Assembly is not targeting and trying to jail truckers. Their primary interest in enacting this traffic code section was public safety.
Some commercial vehicles have an authorized gross vehicle weight rating (GVWR) of 80,000 pounds, so you could understand why our legislator didn’t want them driving 15 mph over the speed limit.
Another point to understand about this section of code is that not every commercial driver exceeding the speed limit by more than 15 mph is guilty of a misdemeanor.
You should always discuss the charge with an attorney before making a statement to the ticketing LEO or court officials.
Section 22406.1 does not apply whenever the posted speed limit is less than 55 mph, such as on the Grapevine in Tejon Pass, the Donner Pass, or anywhere the grade or road conditions require a reduced speed limit.
That’s what the drafters of this section of code meant when they wrote, “…exceeding a posted speed limit established under this code…” They meant specifically speeding 70 mph or more.
If a LEO writes a commercial driver a ticket under this code for speeding 15 mph over in a 35 mph zone, the driver should consult a traffic attorney immediately. Actually, the ticketed driver should consult a traffic attorney before paying the fine or disputing it in court.
Contact Bigger & Harman Immediately After a Commercial Vehicle Misdemeanor Speeding Ticket in Kern County
Understanding the intent and structure of the CA traffic code is crucial to disputing a commercial vehicle misdemeanor ticket in any of the Kern County Courthouses, such as Lamont, Bakersfield, Delano, Ridgecrest, Shafter, or Mojave.
Call Bigger & Harman, APC, at (661) 349-9300 or Se habla Español (661) 349-9755. Use the handy contact form online or email us at attorney@biggerharmanlaw.com.
Download our firm’s 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.
Cornell Law School LII WEX Definitions: Misdemeanor.