There are many things to consider as a commercial driver in California.
A commercial driver’s license (CDL) holder is held to a higher standard
and their CDL is in danger every time they hit the road, with fines, points,
and possible lost wages during a driving suspension.
California driving laws are tough. When you are found guilty of breaking
these laws, it will result in fines, license suspension, and even jail
time. Your CDL is critical because once it is lost or suspended you lose
the ability to work and support yourself and your family. The best way
to keep it is to know and follow the law. When the unfortunate does occur
and you are facing a severe CVC violation it is wise to consult with an attorney.
Many California traffic court lawyers realize that for most truckers, it
is almost always 15 mph over the speed limit, a logbook violation, or
a severe overweight charge. Very rarely does a trucker have a suspended
license charge, DUI in their truck, or a hit-and-run violation. Truckers
are by and large very responsible with their CDL.
In California, it is very easy to put your CDL in a compromising situation.
A great example of a compromising situation is speeding to make an on-time
delivery or pick-up a load. Obtaining a speeding ticket, falsifying a
log, having an overweight truck, and many other infractions, misdemeanors,
and felonies on your driving record are something you cannot afford to
have if trucking is your livelihood. Below, we have a few more factors
to keep in mind while trucking throughout LA, Kern, Tulare, Riverside,
and other counties in southern California, SoCal.
Speeding Ticket on I-5
Interstate 5 or I-5 is a common interstate for long-haul truckers that
runs the length of California from Mexico to Canada. A commercial driver
will receive .5 more points on their record for the same violation as
the driver of a non-commercial vehicle. You are also not able to attend
traffic school. A speeding ticket will have a high fine, point, suspension
or the loss of your California driver’s license. Where in California
you receive the ticket makes no difference, as penalties are uniform throughout
the entire state. However, there are more law enforcement officers in
SoCal than in the north, so your chances of getting caught increase significantly.
Cooking the Logs
All CDL delivery drivers are governed by the same hours of service section
Federal Motor Carrier Safety Administration (FMCSA). This rule states that all commercial drivers may not drive for
more than 14 hours after reporting on duty after completion of a 10-hour
rest period. While most commercial drivers obey this rule, there are some
who don't. This is mainly due to the driver's delivery deadline
and a desire to stay on schedule. Whatever their excuse, it’s dangerous
Some may ask, “Why so strict? It is just paperwork.” Well the
truth is, it is not just paperwork. It is an 80,000-pound guided missile.
When a driver falsifies their logs, it is most likely because they have
been driving for too long and that long drive leads to mental fatigue
and sluggish response times, and then the guided missile is no longer
guided. It is a non-guided missile headed for disaster. When injuries
and property damage are involved, civil liability becomes a factor as
well. This offense requires legal counsel to have any chance of keeping your CDL.
The Effects of Overweight Trucking on Your CDL
Each year, hundreds of thousands of truck accidents are caused by trucks
that are overweight or overloaded. An overloaded truck’s cargo can
shift and put more weight on one axle than it can bear, sometimes blowing
out the tires. Overweight trucking is driving a vehicle on the highway
when the weight is over the amount allowed in the California Vehicle Code
(CVC). Under California law, this is usually classified as a misdemeanor,
which does not sound that serious but a misdemeanor is a criminal offense.
This can result in jail time of six months and/or probation, and thousands
of dollars of fines depending on the weight, and the possible suspension
of your license. This is a very serious offense and you or your attorney
must appear in court.
Professional Traffic Ticket Defense Attorneys
So, if you see yourself losing your CDL in LA County or in any other surrounding
areas of SoCal, make sure to contact Bigger & Harman today. We will
sit down with you to go over your case and weigh all the options available.
In Tulare, Kern, Inyo, Riverside, and LA counties, as well as other SoCal
counties, a call to Bigger & Harman, 661-349-9300, or an email:
firstname.lastname@example.org with details will start the ball rolling on your case.
You can set up a FREE consultation that is always confidential to review
your case. Oftentimes, law enforcement officers are not available on the
court date due to other duties, or a DMV procedure or other technicality
could allow a dismissal of the charge against you or probation instead
of suspension. This is particularly true when you have professional representation
that defends traffic tickets.
En español, llame al 661-349-9755.