Protect Your Driving Privileges Fight Your Ticket With Bigger & Harman Today


There is no better defense for a speeding ticket in your truck than a traffic attorney who will raise a “reasonable doubt.” It DOES NOT matter if you are guilty or innocent. People make mistakes, including law enforcement officers (LEO). 

When you’re out there on SR-99 on a clear day without much traffic, you might not notice your speedometer tipping up over 55 mph. Most of us still agree with Sammy, “I Can’t Drive 55!” Seriously, even the traffic court judge and the LEO. 

However, it is their sworn duty to uphold the law, just as you must deliver the cargo by the deadline date and time. Is it your fault the shipper took four hours to load you up? Was it your fault you were stuck in rush hour traffic for two hours because of it? Is it your fault the FMCSA thinks it prudent to mandate you to take a 30-minute break before eight hours elapses after coming on duty? 

You do the math. You top off (refuel) the truck and do the driver vehicle inspection report (DVIR), which takes about 30-45 minutes after coming on duty. The shipper takes four hours to load you up, you weigh in, you head out, and get stuck in traffic. Guess what? You’ve already used up about six and one-half hours or seven hours of that eight hours before you must take a mandatory break. 

Changes to the Hours of Service (HOS) regulations might give drivers more flexibility, but for right now, that’s the rule.

The FMCSA rule states, “…drivers have a window of 8 hours to drive after their last off-duty period of at least 30 minutes. Before being allowed to drive again after this 8-hour window has passed, the driver must take a 30-minute break.”

What’s more, with some Electronic Logging Devices (ELD), you cannot stop and restart your break. You must take the full 30 minutes. Say you are parked somewhere for a break, and LEO asks you to move because an emergency vehicle needs to go through. Of course, you are going to move, but to be legal, you must start your 30-minute break over again to get the full 30 minutes. 

Speeding in Your Truck

OK, so every CDL holder that’s driven through California more than once or twice knows the statewide speed limit is 55 mph for almost all commercial motor vehicles and vehicles with three or more axles. 

It’s right there in CA Vehicle Code (CVC) Section 22406Speed Laws. It advises drivers, “No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour.”  It then goes on to list several types of vehicles, such as “motortruck or truck tractor having three or more axles…” 

However, most CDL holders are not just looking for a good defense; they need to drive. That is their livelihood. A speeding ticket could very well take that livelihood from them. Do the smart thing and ask a traffic attorney for help clearing that ticket for speeding in your truck.

Traffic Attorneys Who Practice in Tulare County, CA 

When you get a ticket for speeding in your truck on 99 and have a traffic court date in Visalia or Porterville, CA, call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.



The 2019 CA Commercial Driver Handbook.pdf

The Big Road BlogWhat Is The FMCSA’s 30 Minute Break Rule?

CVC Section 22406Speed Laws 

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