Most non-commercial drivers do not even know it exists, but while they are getting away with driving 85-90 mph in a 70 mph zone, a trucker doing 70 mph is subject to a misdemeanor speeding ticket. According to CA Vehicle Code (CVC) 22406.1, Other Speed Laws “A person who operates a commercial motor vehicle…under this code by 15 miles per hour or more, is guilty of a misdemeanor.”
The CSA Severity Points for Speeding
The Safety Measurement System (SMS) and the Compliance, Safety, Accountability (CSA) have three levels of severity points for speeding convictions. These severity points stay on a driver’s record for three years, and a carrier’s for two years. The CSA assesses four points for speeding six to ten mph over, seven points for speeding 11 to 14 mph over, and the maximum ten points for 15 mph over. Any speeding ticket in a construction zone will also get assessed ten CSA severity points.
The SMS will determine if the driver has another conviction within the last six months and add a multiplier of three to the severity points as a time weight. Twelve months to a year will get a multiplier of two, and convictions more than twelve months will stay at face value up until the 24thmonth for carriers and the 36thmonth for drivers when the points are supposed to get removed from the record.
Drivers are advised to check their Pre-Employment Screening Program record periodically, especially before applying to a new trucking firm to ensure old points, dismissals, and reduced or changed charges get removed from their record. This review can get accomplished on DataQs, and requests for reviews can be done here as well. Say you had a conviction overturned on appeal, or the charges got reduced or changed, use DataQs for a Request for Data Review (RDR). Dismissals should result in a complete removal, and reduced charges should get just one CSA point, regardless of the change.
The FMCSA Serious Violations
The FMCSA considers 15 mph or more over the speed limit or any speeding in a construction zone as “excessive speeding.” Any driver convicted of excessive speeding twice within a three year period is subject to a 60-day disqualification by the FMCSA, and a third conviction will lead to a 120-day disqualification.
The driver must be convicted; however, the three year period begins from the date of offense to the date of the second or third offense so that the driver or their lawyer cannot delay the trial to put them outside the three years. How many fleet managers are going to wait for the driver to finish their 60-day disqualification? Then the state of CA adds a misdemeanor charge on top of these penalties.
The CA Misdemeanor Speeding Ticket
Many drivers from out of state, are shocked to learn their speeding could result in a misdemeanor ticket and criminal record if convicted. Class C drivers are flying by them doing 90 or 100, and they get stopped for what they believe is the speed limit, 70 mph.
Before making any statement to law enforcement or an officer of the court, drivers are advised to consult with a criminal defense attorney with experience in traffic law.
Consult with a CDL Traffic Attorney Who Regularly Handles Tickets in South Lake Tahoe, El Dorado County
To consult with traffic attorney focused on keeping CDL Drivers Records Clean who get ticketed in Lake Tahoe in El Dorado County, call Bigger & Harman (661) 349-9300. Se habla Español (661) 349-9755. Highway 50 coming out of Nevada is a hotbed for law enforcement to catch unsuspecting CDL holders for exceeding the 55 mph speed limit for trucks, buses, and other vehicles hauling a trailer.
When you get a misdemeanor ticket for speeding, permit violations, following too closely, or other traffic violations, whether guilty or innocent, give us a call. We practice traffic law and assist drivers in the South Lake Tahoe Traffic Court in El Dorado County.
Send us an email, firstname.lastname@example.org.
The 2018 CA Commercial Driver Handbook .pdf
The FMCSA Regulation & Guidance for the Disqualification of Drivers
CVC 22406.1, Other Speed Laws