Misdemeanor speeding in a CMV refers to serious speeding violations while operating a commercial vehicle.
Under CA Vehicle Code (VC) 22406.1, Speed Laws, driving 15 mph or more over the statewide commercial vehicle speed differential can be charged as a misdemeanor.
This offense carries significant legal and financial penalties.
On I-15 in Victorville, San Bernardino County, CA, the number of commercial drivers stopped by CHP and charged with misdemeanor speeding in a CMV has risen sharply recently.
When a driver exceeds the 55-mph speed limit by 15 mph or more, they risk being charged with a misdemeanor.
Penalties for Misdemeanor Speeding in a CMV
The consequences for misdemeanor speeding in a CMV are severe.
The base fine alone can reach $1,000. After surcharges, penalties, and assessments, the total may exceed $3,000. But while this charge carry up to 180 days in jail and a large fine, normally those consequences can be avoided.
Additionally, a conviction results in the DMV assessing 1.5 negligent operator treatment system (NOTS) points.
Once the DMV assesses NOTS points, they will notify the DOT FMCSA, which can impact your CDL and employment prospects.
Excessive speeding in a CMV is a “serious offense” at the FMCSA and can result in a driver disqualification.
For drivers on I-15 near Victorville, being charged with this offense can jeopardize your livelihood.
A Victorville CDL traffic attorney can help minimize these consequences by building a strong defense.
Why CMV Speeding Misdemeanors Are Different
Cornell Law School defines a misdemeanor charge as:
“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.
California treats misdemeanor speeding in a CMV as a crime with possible jail time or probation.
Jail time, probation, and higher fines make it unique. The severity of these penalties underscores the need for legal representation.
Why You Should Hire a Traffic Attorney That Regularly Appears In Victorville
Hiring a traffic attorney is essential when charged with misdemeanor speeding in a CMV.
Unlike speeding infractions, this offense can lead to jail time and a criminal record. An experienced Victorville CDL traffic attorney could negotiate reducing the charge to an infraction.
Traffic attorneys understand CMV-specific laws and how to build effective defense strategies.
They may negotiate a reduced charge, prevent points from being added to your CDL, or secure a dismissal.
With so much at stake, including your livelihood and career, legal representation is crucial. Protect your future by hiring an attorney to fight for the best possible outcome.
Contact Bigger & Harman Immediately If Charged with Misdemeanor Speeding in a CMV
If you’ve been charged with misdemeanor speeding in a CMV, you need a traffic ticket defense attorney with trial experience.
Call Bigger & Harman, APC, at (661) 349-9300— Se habla Español (661) 349-9755, utilize our handy online contact form or email us 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.