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What to Do about a CDL Speeding Ticket

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When a commercial driver’s license (CDL) holder gets a speeding, they do not have as many options as a regular driver. Many times, their only choice is to hire a speeding ticket lawyer and challenge it in court.

We encourage truck and bus drivers to seek the advice of a California traffic ticket attorney because speeding laws and their consequences change from state to state, and traffic attorneys are aware of the best possible resolution for CDL holders. 

Let’s look at some of the facts.

A CDL Holder Cannot Use Traffic Violators School (TVS) to Mask a Speeding Ticket

Typically, when a Class C driver gets their first speeding ticket, they can attend TVS to mask the ticket from their insurance company. However, there are some disadvantages to using it. Before attending TVS, you must plead guilty, pay the fine, which could be up to $500, then pay the court for the privilege of using TVS, pay the tuition fee, and complete the DMV-approved course before the court-ordered deadline.  Plus they only have one opportunity to do traffic school every 18 months, so if they get another ticket, they will either end up with a point or have to fight it. 

Certainly, that’s an advantage for the driver whose insurance rate will remain the same. It could save them around $1,500. However, a regular driver or a CDL holder using a traffic ticket attorney to dispute their speeding ticket could get an outright dismissal or a no-point (non-moving violation) plea with the judge to resolve their speeding ticket.

A Speeding Ticket Conviction in Your Privately-Owned Vehicle Can Affect Your Career

Although a speeding conviction in your private vehicle out-of-state does not affect the fleet’s insurance premiums, many fleet managers will terminate an employee after only one moving violation. Because the FMCSA mandates a CDL holder to notify their employer within 30 days of speeding tickets in their private vehicle, hiring an attorney to clear the ticket could be your best option to get reinstated. Knowledgeable traffic attorneys can often get speeding tickets dismissed or reduced.

CDL Holders Convicted of Speeding 15+ MPH over the Limit Face a Serious Violation

The FMCSA considers speeding 15+ mph over the limit a “serious offense.” This charge gets the driver and the fleet a maximum of ten Compliance, Safety, Accountability (CSA) points. In CA, according to CA Vehicle Code (CVC) 22406.1Other Speed Laws, it is a misdemeanor crime to exceed the statewide 55 mph speed limit for commercial motor vehicles (CMV) by 15 or more mph.    

No CDL holder wants a conviction for this speeding ticket. The consequences are severe. What’s more, a second conviction within a three-year period in the same BASICS category will get the driver a 60-day disqualification and a third, 120 days. The CSA points will get assessed in the unsafe driving category, which includes speeding, following too closely, and an unsafe lane change. Therefore, a second or third is a lot more common than many would think. 

You need expert legal representation for the utmost protection against a first conviction. 

Speeding Ticket Attorneys for CDL Holders in Roseville, CA

Use our free initial consultation offer to speak with Bigger & Harman, (661) 349-9300, about your speeding ticket or any traffic violation around Sacramento. We can handle traffic tickets and DMV hearings for CDL holders. Se habla Español (661) 349-9755.

Send them an email, attorney@biggerharmanlaw.com.

References:

The 2019 CA Commercial Driver Handbook.pdf

The FMCSA DataQs website

CVC 22406.1Other Speed Laws