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What You Should Do about that Speeding in a Commercial Vehicle Ticket

undefinedThat speeding in a commercial vehicle ticket you got out there on I-80 is just as common as a speeding ticket in a private vehicle, even though it doesn’t seem like it. However, when a commercial driver’s license (CDL) holder gets a speeding ticket, their career is in jeopardy, unlike a regular driver.

As I-80 crosses the Sierra Mountains, there is a downhill stretch that leads into Sacramento, heading toward the San Francisco Bay area and the Oakland Port. Too many truckers unaware of the CA Vehicle Code (CVC) 22406Speed Laws prohibiting most commercial and a few private vehicles from driving faster than 55 mph, are caught speeding there.

Speeding and what many consider an “out of lane violation” are common tickets heard in Roseville's Placer County Traffic Court.

That out of lane ticket is due to CVC 22348 (c)Speed Laws, which requires vehicles that fall under CVC 22406 to stay out of the third lane. It states, “A vehicle subject to Section 22406 shall be driven in a lane designated pursuant to Section 21655, or if a lane has not been so designated, in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb.”  

It goes on to state that these vehicles may only use the second lane (when there are three or more lanes) to pass or overtake another vehicle. Although, it does not prohibit a driver from entering the third lane to make a left turn.

What’s the Option When Facing a Commercial Vehicle Speeding Ticket?

Most out-of-state drivers think their only choice is to pay the fine and move on; otherwise, they risk a failure to appear and its consequences. The truth is you can challenge the speeding ticket or designated lane ticket without staying for court. You should consult a traffic ticket attorney who regularly resolves speeding in commercial vehicle tickets or designated lane tickets for CDL holders.

Choosing this option will allow you to go on about your business without worry. You will want to select an attorney who practices only traffic law in court, too many attorneys take whatever is available and spread themselves too thin.

What’s more, you need an attorney who regularly helps CDL holders to avoid a speeding conviction that could lead to an FMCSA “serious offense.” A second conviction of speeding, 15 mph or more over the limit, is what the DOT FMCSA considers a serious offense and a second conviction requires a 60-day driver disqualification.

Independent truckers might be able to ride out a 60-day disqualification, but only a few fleet managers will hold a position open for a driver for two months. Why risk it when you stand a much better chance of getting a dismissal or reduced no-point conviction with a traffic attorney?     

Isn’t It Too Expensive to Hire an Attorney? 

That depends. What is your CDL worth to you? Most traffic attorneys would advise you not to enter into an agreement with an attorney who charges by the hour. An open-ended agreement such as this can be ridiculously expensive.

Many traffic attorneys offer a free initial consultation and a flat fee to resolve your speeding in a commercial vehicle ticket. Let’s take a look at a 75 mph speeding in a commercial vehicle ticket. First, that’s 20 mph over the speed limit. It’s not only a misdemeanor in CA; it is a “serious offense” with the FMCSA.

How much would it be worth to get that ticket reduced to a no-point conviction equal to a parking ticket? Of course, the fine might be as much as $800 or $1,000; you would not have the accompanying criminal record for a misdemeanor speeding in a commercial vehicle, nor the serious offense and possible 60-day driver disqualification.

This is not always possible, though, so it is always a good idea to consult with a CA traffic attorney who provides a free initial consultation to determine your situation.   

Bigger & Harman, APC Can Resolve Your Speeding in a Commercial Vehicle Ticket 

If you get a speeding ticket in a commercial vehicle on I-80 near Roseville in Placer County, call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.

We are speeding ticket attorneys who handle traffic violations or DMV NOTS hearings. 

Email: attorney@biggerharmanlaw.com

References:

The 2019 CA Commercial Driver Handbook.pdf

The CVC 22348 (c) & 22406Speed Laws