Some novice attorneys recommend a Trial by Written Declaration for a truck driver speeding ticket. However, in many cases, you will box yourself into a corner with a written declaration. The last thing a truck driver needs is an unnecessary date in court to prove their innocence regarding a speeding ticket, but a written declaration is likely not the answer.

When you get a truck driver speeding ticket, you must discuss it with a traffic ticket attorney to ensure the strategy you want to employ provides you the best option and does not box you into a situation where you cannot back out. You wouldn’t drive your rig into a blind alley, would you?  

Some mail-order attorneys offer a special price for a written declaration without a court appearance. They might even state that if the written declaration is not accepted by the court, you can attend traffic violators school (TVS). That is incorrect; if you are driving a commercial motor vehicle when you received the speeding ticket, you are not eligible to use TVS to mask the speeding ticket. 

Facts About a Truck Driver Speeding Ticket 

CA Vehicle Code (CVC) 22406, Speed Laws makes it an infraction for any operator of a truck tractor or tractor-trailer and other vehicles with three or more axles to exceed the statewide speed limit of 55 mph. This includes passenger cars and buses hauling a trailer. 

CVC 22406.1, Speed Laws, makes it a misdemeanor crime to exceed the 55 mph speed limit by 15 mph or more. Many out-of-state CDL holders fall victim to this regulation when entering the state on I-10, 15, 80, and others from another state. 

Some may not be aware of the law, did not see the signs, or forget about it, and the next thing you know, they have a misdemeanor ticket and a “serious offense,” according to the FMCSA. Speeding 15 or more mph over the posted speed limit, an unsafe lane change, or following too closely, among others are a serious offense that will get a trucker a 60-day disqualification for a second violation within three years of the first.

Even a 1-15 mph truck driver speeding ticket should get challenged vigorously in traffic court. CDL holders do not have the option of making a written declaration. Of course, legally, they can, but there is too much at risk. This method might be OK for a regular driver who will get fined between $235 and $490, plus the increased auto insurance premium of $1,500 or more over the three years the speeding ticket will stay on their motor vehicle driving record, which is bad enough. A truck or bus driver faces termination, and the prospects of new employment after receiving a moving violation are not good. 

Talk it over with a speeding ticket attorney before you pay the fine. In either circumstance, a bus or truck driver speeding ticket should not be taken lightly. There are just too many severe consequences and no opportunity for TVS.  

Consult a Truck Driver Speeding Ticket Attorney Who Handles Kings County

Call Bigger & Harman if you need assistance with a truck driver speeding ticket in Hanford Traffic Court in Kings County, (661) 349-9300. Se habla Español 661.349.9755.

Send us an email, attorney@biggerharmanlaw.com.

References:

The 2019 CA Commercial Driver Handbook.pdf