The number of misdemeanor speeding in a commercial motor vehicle (CMV) tickets on I-15 around Victorville, CA, are on the rise.
Crucial Facts All Commercial Drivers Need to Know
There are seven essential facts commercial drivers need to know about a misdemeanor speeding in a CMV ticket:
It only applies to commercial vehicles identified in CA Vehicle Code (VC) Section 22406, Speed Laws.
It only applies when the commercial vehicle exceeds 14 mph over the statewide 55 mph speed limit for commercial vehicles.
If found guilty, it is a misdemeanor crime.
If found guilty, it is a DOT FMCSA-level “serious offense,” and a second conviction will result in a minimum 60-day driver disqualification.
The “M” on your ticket should be circled, and the CA VC cited should be a violation of CA VC 22406.1, Speed Laws. However, the absence of either is not grounds for dismissal.
You have the Right to remain silent—it would be best if you use it!
The fine starts at $1,000, but it could be much higher with the added surcharges, penalties, and assessments.
Let’s take a closer look at each of these facts.
CA VC 22406, Speed Laws, identifies the following CMVs that must not exceed the statewide 55 mph speed limit on any freeway or public roadway:
“(a) A motortruck or truck tractor having three or more axles or any motortruck or truck tractor drawing any other vehicle.
(b) A passenger vehicle or bus drawing any other vehicle.
(c) A school bus transporting any school pupil.
(d) A farm labor vehicle when transporting passengers.
(e) A vehicle transporting explosives.
(f) A trailer bus, as defined in Section 636.”
However, some other CMVs could fit the criterion, always consult a CA traffic attorney immediately when ticketed—before making a statement to the ticketing officer or court officials.
Reduced speed limits below the 55 mph limit imposed by Caltrans or a municipality are not eligible for a misdemeanor speeding in a CMV ticket.
Say, for instance, you’re going 55 on the Grapevine, and because of the steep grade, the speed limit has been reduced to 35; that is not misdemeanor speeding; that is an infraction.
A misdemeanor conviction will give the driver a criminal record.
“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 Definition: Misdemeanor.
Further, many Superior Court judges in CA do not want to impose a criminal record on a commercial driver who was just doing their job delivering America’s products to market.
Therefore, hiring an experienced traffic attorney who can negotiate on your behalf could get the charge reduced to an infraction, and then dispute the moving violation in court. Nobody wants to see the commercial driver go to jail or serve probation.
Although the fine for a misdemeanor speeding in a CMV is often over $1,000, getting the speed reduced could save you the criminal record and the serious offense at FMCSA.
What’s essential at the roadside stop is to invoke your “right to remain silent.” Arguing with a CHP or other law enforcement officer will only provide the prosecution with a video from the bodycam that they “can and will use against you in court.”
Sign your ticket and call a traffic attorney with trial experience and a solid reputation for gaining dismissals.
Consult Bigger & Harman, APC, about a Misdemeanor Speeding in a CMV Ticket
If you are ticked for a misdemeanor in a CMV that needs to be resolved in Victorville Courthouse in San Bernardino County, call us at (661) 349-9300—Se habla Español 349-9755.
Also, use our convenient online contact form or email attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
Cornell Law School LII WEX Definitions: Misdemeanor.
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.