Speeding tickets are the most common form of traffic citation for all drivers. However, knowing how to overcome a commercial speeding ticket is crucial for truckers.
An Introduction to Commercial Vehicle Speeding Tickets
CA Vehicle Code (CVC) Sections 22406 & 22406.1, Speed Laws, prescribe which commercial vehicles must restrict their driving speed to 55 mph on CA roadways statewide. Likewise, drivers who exceed the 55 mph limit may be guilty of a misdemeanor crime.
“(a) A person who operates a commercial motor vehicle, as defined in subdivision (b) of Section 15210, upon a highway at a speed exceeding a posted speed limit established under this code by 15 miles per hour or more, is guilty of a misdemeanor.”—CVC Section 22406.1, Speed Laws.
That does not include the commercial driver’s license (CDL) holder driving a noncommercial vehicle. They might be guilty of an infraction. However, if convicted of either, in a commercial or private vehicle, they must notify their employer within thirty days. In fact, according to the DOT FMCSA 49 CFR 383.31(C), any conviction of a moving violation must be reported to their employer within that timeframe.
“A CDL holder must notify their employer(s) within 30 days of conviction for any State or local law pertaining to motor vehicle traffic control (other than a parking violation). The notification must be in writing and include all information outlined in 49 CFR 383.31(c).”
Some drivers might believe they can sidestep notifying their employer, but in CA, the DMV will send a Pull Notice to their employer anyway, so it is better to comply if there is a conviction. The best option is to do everything possible to overcome a commercial speeding ticket with the assistance of a CA traffic attorney with trial experience in Roseville Courthouse.
Potential Consequences If You Don’t Overcome a Commercial Speeding Ticket
The minor infraction of speeding in a commercial motor vehicle (CMV) typically carries a fine of $237 for speeding one to nine mph over the limit or $550 for driving ten to 14 mph over.
A conviction of a misdemeanor speeding 15 or more mph over the statewide limit established in CVC 22406 can lead to a base fine of up to $1,000, possible jail time or probation, or a fine and incarceration.
Upon conviction or paid fine, the DMV will assess a CA CDL holder 1.5 or 3 negligent operator treatment system (NOTS) points for commercial speeding. Then, the DMV will notify the DOT FMCSA, who will assess CSA severity points and file the conviction report in the Pre-employment Screening Program (PSP) record for three years.
However, that conviction for speeding 15 or more mph over in a CMV, or “excessive speeding” is also a “serious offense” at the FMCSA. Upon a second conviction or paid fine within three years, the driver will receive a 60-day driver disqualification, or a third conviction within that timeframe will be 120 days.
However, a third conviction is rare for all but independent owners because most fleet managers will terminate a driver with a second serious offense conviction rather than keep them on the books for 60 days and pay the higher fleet insurance due to a worse safety level.
“Each carrier has a CSA score that represents how well they've maintained that road safety. The score is calculated on a 0-100 scale, with higher numbers indicating a worse level of safety. CSA scores are updated through the FMCSA's Safety Measurement System (SMS) each month.”—Foley Services.
Always ask a CA traffic attorney how to overcome a commercial speeding ticket whenever you face one. A traffic attorney who routinely appears in Roseville Traffic Court knows the court, its procedures, and how the judge usually rules on various violations.
Sometimes they can negotiate a no-point conviction with the judge. They also understand which technicalities could result in a dismissal and will ask the traffic court judge when they arise when trying to resolve your speeding ticket.
Contact the CA Commercial Driver Speeding Lawyers, Bigger & Harman, APC for Legal Advice
Bigger & Harman can help you challenge your ticket and possibly overcome a commercial speeding ticket in Roseville Traffic Court.
When you face a speeding ticket, contact Bigger & Harman about legal services at (661) 349-9300 or email attorney@biggerharmanlaw.com.
Alternatively, you can use the convenient online contact form.
Download our e-book, Protecting Your Commercial Driver License.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook.
CVC Sections 22406 & 22406.1, Speed Laws.
The DOT FMCSA 49 CFR Part 383.31, Paragraph 6.2.7, Notifying Employer of Convictions.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The CA DMV Employer Pull Notice Program.