When you get a truck speeding ticket in California, particularly on Interstate 80 (I-80) coming across the border from Nevada, you might think you are being size-profiled (kind of like racial-profiling only it might seem the CHP are targeting truckers).
Actually, that might not be that far from the truth. CA Vehicle Code (CVC) 22406, Other Speed Laws, establishes a statewide 55 mph speed limit for vehicles stipulated within this section of code. For example:
- Any truck-tractor, tractor-trailer, or motortruck with three axles or more or that is towing another vehicle
- Any bus or passenger vehicle towing another vehicle (this includes RV trailers or motorcycles)
- Any school bus while transporting pupils
- Farm labor vehicles while transporting passengers
- Vehicles carrying explosives
This list is not meant as an all-inclusive list, but merely an extraction from the code. For a full list or to determine if it applies to a specific vehicle, consult the CVC or the DMV.
At times, it seems the vehicles with a higher profile attracts the law enforcement officer’s (LEO) RADAR or LIDAR. Radar guns send out a radio signal that bounces back off your vehicle. A laser beam is sent out from a LIDAR device and comes back to the machine to announce your speed.
These devices, for the most part, when calibrated correctly and the LEO received adequate training on the equipment, are quite accurate.
However, like every piece of technology, these devices have some issues. Often, the weather can affect how reliable these devices are as well. Therefore, it is always wise to consult a traffic ticket attorney about your truck speeding ticket.
The problem with this law is that many commercial drivers and tourists are caught unaware of this traffic code.
Are You a Target for a Truck Speeding Ticket?
As many drivers in smaller vehicles fly by at 75 or 80 mph on I-80, and you get stopped for a truck speeding ticket, you might wonder if you are a target of the CHP. CVC 22407, Speed Laws, cautions that when a Caltrans or local authority survey determines the 55 mph speed limit is too fast for the vehicles designated in CVC 22406, it may lower it from 55 down to 35 or 25 mph. The traffic code states that signs warning of the new safe or reasonable speed must get posted along the highway.
These lowered speed limits often happen in the Donner Pass on I-80. You will often see the already slow 55 mph speed limit reduced to 35 mph, which results in many truck speeding tickets for Truckee Traffic Court.
CVC 22406.1, Other Speed Laws
Another provision of CA traffic law that many commercial drivers or CDL holders are unaware of is that CVC 22406.1 makes it a misdemeanor crime to exceed the 55 mph speed limit by 15 mph or more. Therefore, when you’re just coming across the border where the speed limit might be 65 or 70 mph for all vehicles, you could get caught up in a misdemeanor traffic violation.
Most truck speeding tickets cause sanctions from fleet management and the Federal Motor Carrier Safety Administration (FMCSA), but this is extreme. A speeding conviction of 15 mph over the limit is a “serious offense” according to the FMCSA. Not only does the driver receive a criminal record if convicted, but a second conviction within three years will also result in 60-day disqualification and a third, 120-days.
This disqualification is not just if you get another truck speeding ticket of 15 or more over the limit, but a conviction for any serious offense within the three years, including following too closely, an unsafe lane change, a cellphone use conviction, and others. When you get a ticket for any of these offenses, you need to consult an experienced traffic ticket attorney.
We Handle Truck Speeding Tickets in Truckee Traffic Court
Call Bigger & Harman at (661) 349-9300 when issued a truck speeding ticket or any traffic ticket in the Sacramento area. Se habla Español (661) 349-9755.
We are speeding ticket lawyers who specialize in traffic tickets for CDL holders in the Truckee or Sacramento area including Roseville, Woodland, South Lake Tahoe, and Placerville. We ONLY handle traffic law.
If convicted of a 15 mph over speeding ticket, you face disqualification for a second conviction of an FMCSA serious offense. The best option to avoid a second is to prevent the first by challenging the ticket in court. Although we cannot promise to get every ticket dismissed or reduced, we have an exemplary reputation in CA traffic courts. Because we only handle traffic law, we know what the judge is looking for in the wording of a request for dismissal or a reduced charge. Give us a call or send us an email, and let’s discuss your situation.
Send us an email, firstname.lastname@example.org.
The 2019 CA Commercial Driver Handbook .pdfCVC 22406, 22406.1, & 22407, Speed Laws