Receiving a misdemeanor hazardous material charge is a violation that requires the attention of a CA traffic attorney with trial experience immediately.
These charges often carry steep fines, jail time or probation, three negligent operator treatment system (NOTS) points, and could result in a criminal record.
A criminal record will jeopardize your commercial driver’s license (CDL) and employment. Knowing how to handle these situations can significantly impact your driving career.
What to Do When Issued a Misdemeanor Hazardous Material Charge
When issued a citation, verify if an “M” or “I” is circled. An “M” means you’re facing a misdemeanor charge. In this case, exercise your right to remain silent, sign the ticket, and consult a CA traffic attorney.
A misdemeanor conviction can severely impact your driving record, future employment as a commercial, and your life.
Many companies will not hire a driver with a misdemeanor record.
Violations That Could Lead to Misdemeanor Charges
CA Vehicle Code (VC) Section 31602, Transportation of Explosives, outlines common hazardous material violations, including:
Driving without the correct CDL endorsement for hazardous materials.
Using unauthorized routes for transporting explosives.
Stopping at locations not approved by the CHP.
Stopping at an unapproved diner or other non-designated location can result in a misdemeanor hazardous material charge. This misdemeanor may lead to a $4,175 fine, DMV NOTS points, DOT FMCSA Compliance, Safety, and Accountability (CSA) severity points, and a criminal record.
The Impact on Your Career
A misdemeanor conviction doesn’t just mean a massive fine, jail time or probation; it could severely affect your driving career.
Many trucking fleets have zero-tolerance policies for drivers convicted of hazardous material violations. If convicted, you risk termination, particularly if the offense involves negligence or unsafe practices.
Losing your CDL endorsement could make finding comparable work in the industry nearly impossible.
Why Excessive Penalties Are Problematic
Some violations make sense as a misdemeanor charge, such as driving beyond hours of service (HOS) limits.
Fatigued driving endangers everyone on the road, especially when hauling hazardous materials. However, other violations that carry a misdemeanor hazardous material charge seem excessive.
For instance, is it necessary for failing to carry an updated inspection record, having an outdated map, or making minor errors in cargo placement that lead to misdemeanor charges?
These penalties can disrupt your career and create financial strain. Many argue that such violations should warrant fines rather than criminal charges that risk a trucker’s livelihood.
Many CA Superior Court judges agree with that assessment and, when approached by a knowledgeable traffic attorney, will use their discretion to downgrade the charge from a misdemeanor to an infraction when asked to do so.
Why You Must Challenge Every Citation
As a CDL holder hauling hazardous materials, every ticket must be contested.
A conviction can result in job loss, fines, jail or probation, driver disqualifications, and other penalties at the DOT FMCSA that could affect your career.
Ensuring your hazardous material endorsement remains intact is critical to continuing your career.
Why You Need a CA Traffic Attorney with Trial Experience
Hiring a knowledgeable and experienced CA traffic attorney is essential when facing a misdemeanor hazardous material charge.
An experienced lawyer can negotiate reduced penalties, work with the judge to downgrade the charge from a misdemeanor to an infraction, or seek outright dismissal.
Protecting your livelihood and CDL endorsement requires swift and professional legal assistance.
An attorney familiar with Roseville Courthouse can help you achieve the best possible outcome. Don't let a single mistake derail your career—consult an attorney today.
Consult Bigger & Harman About Disputing a Misdemeanor Hazardous Material Charge in Roseville Courthouse
If you have a misdemeanor hazardous material charge that needs to be resolved in Roseville Courthouse, call Bigger & Harman at (661) 349-9300—Se habla Español 349-9755.
Email us at attorney@biggerharmanlaw.com.
Use our convenient online contact form.
Download our e-book, Protecting Your Commercial Driver License.
References:
CA VC Section 31602, Transportation of Explosives