CVC 22406.1 Makes Driving 70 MPH in CA a Misdemeanor Speeding Ticket for CMV Drivers
The most frequent traffic ticket for commercial motor vehicle (CMV) drivers, in fact, for any driver, is a speeding ticket. However, many CMV drivers get a criminal record for going 70 mph on the same freeway a regular driver is legally allowed to drive 70.
CA Vehicle Code (CVC) 22406.1 (a), Other Speed Laws states CMV drivers driving, “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.” What you can legally do in your private vehicle is a criminal offense in a CMV.
What's even more outrageous is paragraph (b) notes that the same driver in a non-CMV is "guilty of an infraction." And…the CMV driver who gets a speeding ticket for going 15 mph over the speed limit in their private vehicle can attend Traffic Violator's School (TVS) to keep the point off their record, even though the speeding would still be accessible by insurance and their employer.
Federal law requires the CDL holder to notify their employer of convictions for traffic tickets within 30 days. Plus, in CA, the Employer Pull Notice (EPN) program will send a notification to their employer.
What's the Difference Between an Infraction & a Misdemeanor Speeding Ticket?
The first glaring difference is that regular drivers do not get misdemeanor tickets for speeding. Regardless of what you may have heard or read on the internet, even speeding more than 100 mph is not a misdemeanor speeding violation for any but CMV drivers in California.
Sure, a speeding 100+ mph conviction could result in a fine of up to $2,500, two negligent operator treatment system (NOTS) points, a 30-day driving privilege suspension, and double or triple auto insurance premiums, but never jail time.
The second significant difference is an infraction typically results in a fine and points for a conviction. Whereas, a misdemeanor speeding ticket conviction could result in jail time.
Speak to a Traffic Attorney about a Misdemeanor Speeding Ticket in a CMV in Bakersfield, CA
If you’re out there on SR 99 and the LEO pulls you over for doing 70 mph, call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.
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Now, we can't promise every driver the same results, but we do promise to give you exceptional service.
The 2019 CA Commercial Driver Handbook.pdfCVC 22406.1, Other Speed Laws