It's always a stressful incident when we see flashing lights in our
rearview mirror and then, we are pulled over by a CA Highway Patrol (CHP)
officer. California has the most independent truckers and two of the busiest
ports in the country, which makes moving violations more plentiful as
well. But, I can't believe I got a speeding ticket going uphill on I-5!
How Does RADAR Work?
Radar uses radio waves to operate and has been around for many years to
catch speeders on California roads and highways, but laser guns are becoming
more widely used in the state; ergo, scramblers, which are illegal anyway,
will not operate because of this technological progress. Police radar
determines your vehicle’s speed by measuring the doppler shift of
the transmitted frequency. It is either set up to be a CO operation (constantly
on), or IO operation (instant on). POP radar disarms illegal radar detectors
that are owned by approximately 10 percent of the population in California.
Laser guns have the advantage of speed detection from a greater distance,
and being able to single out one vehicle's speed with other autos
in the same area.
Commercial Driver's License (CDL) and Speeding Tickets
If an operator with a CDL is caught speeding 15 miles over the speed limit,
it will be recorded on their record as a serious violation. If the driver
is convicted of two speeding tickets of more than 15 mph over, their CDL
license will be suspended for 60 days and 120 days for a third ticket.
In addition, even a speeding ticket in your private vehicle must be reported
to your employer (by you) within 30 days. However, it will be reported
to your employer on the
EPN Program (Employee Pull Notice), which is a program run by the DMV. The EPN Program
mails a copy of an employee’s driver record to employers annually.
Since their fleet auto insurance will likely be affected when an employee
has a conviction or accident in their commercial motor vehicle (CMV) many
trucking companies have adopted a zero-defect policy to terminate drivers
even when they have a conviction in their private vehicle.
Negligent Operator Treatment System (NOTS) Basics
The CA NOT system is a lot tougher on CDL holders than on regular drivers.
You would think they’d give truckers who spend so much time out
there on the highway delivering consumer goods for the state’s residents
a break, not add more penalties.
California takes a negative view of CDL holder who violates the CVC and
gets convicted. Whereas a regular driver gets one point for speeding 1-15
mph over the speed limit, truckers get 1.5 times the normal penalty. It’s
kind of sad for the new commercial drivers trying to figure out the system.
Most will not make it and they may have to wait years to get their CDL back.
What would be a minor incident in any other job, such as forgetting to
make an entry in a log, could be a career ender for us. Everyone is supposed
to fill in the log for the printer or sign in visitors, but you almost
never hear of someone getting fire when they forget. However, a trucker
that forgets to log a 30-minute sleeper break just violated the law, big time!
Bigger & Harman, APC
Normally, I would not hire a lawyer to handle my traffic ticket, but my
truck was struggling to get up that hill and I still don’t believe
I was speeding. Have you ever seen some of those hills out there on I-5
in Grapevine? There have even been songs written and stories told about
them. Besides, I already had a speeding ticket for 16 over earlier this
year and cannot afford to take a 60-day unpaid vacation right now. Who
When facing a speeding ticket or suspended license in a traffic court in
San Bernardino, Kern, Kings, LA County, or many other South-Central CA
counties, contact Bigger and Harman for legal counsel. Give these guys
a call. I’m sure Mark or Paul will help you out, they have an excellent
reputation with truckers in the valley. Call them today, 661-349-9300.
Or, send them an email today,
En español, llame al 661-349-9755.