In California, only a commercial driver can receive a citation for misdemeanor speeding in a CMV.
CA Vehicle Code (VC) Section 22406.1,Speed Laws, makes exceeding the statewide 55 mph limit by 15 or more mph, is a misdemeanor crime:
“(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.”
That’s very clear and concise, isn’t it?
Well, some law enforcement officers (LEO) have gotten confused about the traffic code and issued a misdemeanor ticket for driving 50 mph in a 35 mph zone.
Often, particularly on extreme grade passes, like Tejon on the Grapevine between LA and Lamont in Kern County and the Donner Pass on I-80 in Nevada County, when the speed limit is much lower for commercial vehicles, the LEO might incorrectly issue a misdemeanor ticket.
A traffic attorney can easily rectify this, which could keep you out of court and on the road.
Understanding these differences could be crucial for avoiding penalties.
Why a Misdemeanor Speeding Ticket in a Commercial Vehicle is Different
Commercial vehicle drivers are subject to stricter rules than other drivers on California roads.
While non-commercial drivers may exceed 100 mph without facing a misdemeanor charge, CDL holders driving commercial vehicles can be cited for misdemeanor speeding in a CMV if they exceed the statewide 55 mph speed limit by 15 mph or more.
California Vehicle Code (CVC) Section 22406 defines a commercial vehicle and specifically limits these to 55 mph on highways, and Section 22406.1 allows that any commercial driver who exceeds a posted speed limit by 15 mph or more can face a misdemeanor charge.
These violations are also considered "serious offenses" by the DOT FMCSA.
What Happens After a Misdemeanor Speeding Conviction in a CMV?
A conviction for misdemeanor speeding in a CMV can trigger significant consequences.
In California, a conviction for misdemeanor speeding could mean jail time, probation, and/or a massive fine exceeding $1,000 and leave you with a criminal record.
The DOT FMCSA classifies this as a serious offense, and drivers who are convicted a second time within three years face a 60-day disqualification. A third conviction within that time frame results in a 120-day disqualification. Multiple convictions could trigger a lifetime ban from driving commercially.
Furthermore, a misdemeanor speeding violation can negatively impact your driving record. If you're a commercial driver, even a single violation can affect your Pre-employment Screening Program (PSP) record, making it harder to secure future employment.
Understanding the Legal Elements of Misdemeanor Speeding in a CMV
For a conviction of misdemeanor speeding in a CMV to be valid, the prosecution must prove two key elements:
The vehicle in question is a commercial vehicle, as defined by CVC 22406.
The driver exceeded the statewide 55 mph speed limit by 15 mph or more.
Commercial drivers should consult a traffic attorney with experience resolving misdemeanor speeding in a CMV charges.
How a Traffic Attorney Can Help
Hiring a traffic attorney when facing a misdemeanor speeding charge in a CMV is essential.
An experienced traffic attorney can examine the details of your case and challenge the evidence against you.
For example, they may argue that the speed measurement device was inaccurate due to severe weather, not recently calibrated, or that the LEO who issued the ticket was not properly trained on the device.
Additionally, a traffic attorney could negotiate a lesser charge or get the charge dismissed entirely.
Dispute a Misdemeanor Speeding in a CMV Charge with a Traffic Attorney
If you've been ticketed for misdemeanor speeding in a CMV in Kern County, CA, you don’t have to face the consequences alone.
Bigger & Harman are experienced traffic attorneys who can assist in disputing the charge and protecting your commercial driving career.
Our legal representatives could possibly negotiate an infraction rather than a misdemeanor and get the charge reduced to a no-point violation that requires you to pay a higher fine for a non-moving violation, such as parking on a bridge or another that keeps your driving record clean.
Contact one of our traffic attorneys today to discuss your options.
Contact Bigger & Harman Immediately After a Misdemeanor Speeding in a CMV Charge
If you are scheduled for appearance in a Kern County Courthouse due to being issued a misdemeanor speeding in a CMV citation, call us immediately at (661) 349-9300—Se habla Español 349-9755.
Use our contact form online or email us at 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.