What do I do about a misdemeanor commercial vehicle speeding charge in Victorville, CA, has become a more frequent question by truckers ticketed on I-15.
The most frequently issued traffic ticket for commercial driver’s license (CDL) holders is speeding, as it is for all drivers worldwide. However, speeding in your personal vehicle does not carry the consequences of speeding in a commercial vehicle.
Understanding that speeding 15 mph more than the statewide CA 55 mph speed limit for commercial vehicles is a misdemeanor charge is crucial.
That’s correct. Speeding 15 or more mph over the statewide 55 mph speed limit for commercial vehicles is the onlymisdemeanor charge for speeding.
“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 LII WEX Definitions: Misdemeanor.
What’s more, it’s a “serious offense” at the DOT FMCSA, which can lead to a minimum 60-day driver disqualificationwith a second conviction or paid fine within three years of the first.
Misdemeanor commercial vehicle speeding is a serious charge that requires immediate attention.
In Victorville, CA, this offense can result in a massive fine, a scar on your Pre-employment Screening Program (PSP) record, potential jail time or probation, and harsh penalties from the DOT FMCSA.
It is essential to consult a traffic attorney to protect your driving record, your reputation, and your career.
What Constitutes a Misdemeanor Commercial Vehicle Speeding Charge?
Under CA Vehicle Code (VC) Section 22406, Speed Laws, commercial vehicles with three or more axles cannot exceed 55 mph statewide.
This law also applies to U-Hauls, other commercial rentals, and vehicles towing another vehicle.
However, CA VC Section 22406.1, Speed Laws, takes the traffic code to another level of seriousness.
It states that anyone driving a commercial vehicle 15 mph or more above the statewide 55 mph speed limit is guilty of a misdemeanor.
Penalties can include:
Jail time in San Bernardino County or probation.
A fine up to $1,000 plus surcharges, potentially totaling $3,000 or more.
Additional consequences, such as driver disqualification from the DOT FMCSA.
How Is a Misdemeanor Commercial Vehicle Speeding Conviction Considered a Serious Offense at the DOT FMCSA?
The DOT FMCSA classifies speeding 15+ mph over the limit as a “serious offense.”
A second conviction for this offense can lead to driver disqualification under 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
A second conviction within three years leads to a 60-day disqualification.
A third conviction results in a 120-day disqualification.
Any construction zone violations are treated just as seriously, regardless of the speed.
What Do I Do About a Misdemeanor Commercial Vehicle Speeding Charge?
If charged, consult a traffic attorney immediately.
A skilled and experienced traffic attorney could:
Challenge the evidence and accuracy of the speed measurement device used.
Negotiate for reduced charges or penalties, including reducing a misdemeanor to an infraction or a non-moving violation conviction.
Possible full dismissal and keep your career intact.
Why CDL Holders Must Hire a Traffic Attorney
Fleet managers often enforce zero-tolerance policies for moving violations—a conviction could mean termination.
A single conviction can jeopardize your job, even if it’s not classified as a serious offense at the DOT FMCSA.
Representing yourself could lead to accidental self-incrimination, and paying the fine is risky.
Always consult a traffic attorney to navigate the complexities of commercial traffic law.
If you’re stopped for speeding or any moving violation on I-15 around Victorville in San Bernardino County, CA, let our traffic attorney assist you in navigating the steps necessary to possibly keep your driving record clean.
Consult Bigger & Harman About a Misdemeanor Commercial Vehicle Speeding Charge
If you’re facing a misdemeanor commercial vehicle speeding charge in Victorville, CA, seek legal help to protect your CDL and livelihood. Call us at (661) 349-9300—Se habla Español (661) 349-9755.
Likewise, use our convenient contact form or email attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
CA VC Sections 22406 & 22406.1, Speed Laws.
Cornell Law School LII WEX Definitions: Misdemeanor.