Call Today 661.349.9300
Se Habla Español 661.349.9755
Protect Your Driving Privileges Fight Your Ticket With Bigger & Harman Today

How Can I Fight a Charge of Speeding in a Commercial Vehicle ?

undefinedWhen you intend to drive a commercial vehicle in California that requires a commercial driver’s license (CDL), it might be beneficial to understand better what is speeding in a commercial vehicle here.

Many of the California traffic codes for commercial vehicle drivers hold CDL holders to a higher standard. In many areas, noncommercial vehicles can go 70 mph. However, CA Vehicle Code (CVC) Section 22406Other Speed Laws restrict most commercial vehicles to a 55 mph speed limit statewide.

Many CHP realize they have the CDL holder at a disadvantage because many are from out-of-state and would rather pay the fine and keep trucking than dispute the speeding in a commercial vehicle charge. However, many CDL holders do not realize a traffic attorney can often get the charge reduced to a no-point conviction like paying a parking ticket or get it dismissed.

When approached by a knowledgeable and experienced traffic attorney, many judges realize these CDL holders are out there trying to make a living and feed their families while providing a valuable service to the American economy. They do not wish to convict a driver of speeding in a commercial vehicle when they can get assessed NOTS points and put the driver’s career in jeopardy.

NOTS Points & Speeding in a Commercial Vehicle 

Newcomers to CA are often unaware that a conviction for speeding in a commercial vehicle in CA will get them 50 percent more Negligent Operator Treatment System (NOTS) points than their peers who are not required to have a CDL. 

However, CVC Section 12810.5Issuance of Licenses, Expiration, and Renewal, authorizes the DMV to consider “the amount of use or mileage traveled in the operation of a motor vehicle.”

This consideration could have a significant impact on a CDL holder who accumulates four or more NOTS points within a year, six or more within two years, and eight or more within three years, primarily in their commercial motor vehicle because, at that point, they are considered by the DMV as a *prima facie negligent operator, subject to suspension. Since most CDL holders drive 60 or 70 hours per week, having the opportunity for additional leeway to avoid a suspension of their CDL could be quite beneficial. 

*According to the Legal Information Institute (LII) of Cornell Law Schoolprima facie means, “on first appearance but subject to further evidence or information."

When convicted of speeding in a commercial vehicle, the CDL holder gets 1.5 NOTS points assessed. If they reach one of the totals mentioned above in the requisite timeframe, the DMV mails an Order of Suspension/Probation. The driver then has ten days from the date of mailing to request a DMV NOTS hearing. 

Although you are not required to hire legal counsel, a traffic ticket attorney could make a significant difference in getting more leeway or points removed from your motor vehicle driving record (MVR) because they regularly sit through traffic courts dealing with these very situations almost daily.   

Who to Call When You Need to Fight a Charge of Speeding in a Commercial Vehicle in Roseville 

When you have a speeding in a commercial vehicle ticket, call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.

We can handle your traffic tickets in Roseville Traffic Court using a flat fee that doesn’t go up, regardless of how many court appearances we need to make to resolve your ticket. Likewise, we represent commercial drivers at DMV NOTS Hearings. 

Email: attorney@biggerharmanlaw.com

References:

The 2019 CA Commercial Driver Handbook.pdf

Cornell Law School’s Legal Information Institute (LII)