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Helpful Facts about the California Misdemeanor Speeding Ticket

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Did you know that there is a misdemeanor speeding ticket in California? It’s a fact. CA Vehicle Code (CVC) 22406.1Speed Laws, states, “A person who operates a commercial motor vehicle, as defined in Section 15210, 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.”

Section 15210 of the CVC, Commercial Motor Vehicle Safety Program, defines a commercial motor vehicle (CMV) as any vehicle that “…requires a class A or class B license, or a class C license with an endorsement…” 

Furthermore, CVC 22406Speed Laws, prescribes which CMVs fall under the statewide 55 mph maximum speed law, which are:

  • “…truck tractor having three or more axles…” or any motor truck towing another vehicle
  • A bus or passenger vehicle towing another vehicle
  • A school bus with students onboard
  • Farm labor vehicles
  • Any vehicle hauling explosives

Excessive Speeding Could Get You a Misdemeanor Speeding Ticket & a Serious Offense 

Therefore, if you are cruising up SR-99 to pick up a load of agricultural goods at Lamont and get pulled over and ticketed for speeding 72 mph, you could be cited with a misdemeanor speeding ticket. 

What’s more, unlike many other states that do not have a differential speeding law such as CA does, you could be violating Federal law for doing 70 mph on a highway where the typical speed limit is 65 or 70 mph. 

The CMV Safety Act (P.L. 99-570) makes speeding 15 mph or more over the posted speed limit “excessive speeding.” According to the Code of Federal Regulations (CFR) 49 Part 383.51Disqualification of Drivers, mandates a 60-day CMV driving disqualification for two serious offense convictions within three years. A third serious offense conviction within a three-year timeframe requires a 120-day disqualification. 

The driver and fleet could also receive the maximum of ten Compliance, Safety, Accountability (CSA) points for each serious offense. Plus, any conviction for speeding in a construction zone is also a serious offense.

When there is a conviction, the DMV notifies the FMCSA to assess CSA points. When there is no conviction, the DMV is not notified, and therefore nothing gets filed in your motor vehicle driving record, nor your Pre-employment Screening Program (PSP) record. 

Traffic Attorneys Who Handle the Misdemeanor Speeding Ticket in Kern County

Call Bigger & Harman, APC, (661) 349-9300. Se habla Español (661) 349-9755. We are Bakersfield traffic ticket attorneys. We practice traffic law across Central Valley and Eastern CA. 

When you have an issue with traffic law, use our free initial consultation to find out what we can do for you. We can help resolve traffic tickets, roadside violations, and represent you at DMV NOTS hearings.

Email: attorney@biggerharmanlaw.com

References:

The 2019-2021 DL 650 CA Commercial Driver Handbook.pdf

The Balance.com articleA Guide to CSA Point Values and Transportation

Title 49 CFR Part 383.51Disqualification of Drivers

CVC 15210Commercial Motor Vehicle Safety Program Definitions22406, and 22406.1Speed Laws