You Must Hire a Local Traffic Attorney and Challenge the State’s Misdemeanor Speeding in a Commercial Vehicle Assertion
Perhaps you noticed that speed limit 70 mph sign on the side of SR-9 and mistakenly thought that applied to you. However, the speed limit for most commercial vehicles and many private vehicles with three or more axles is 55 mph statewide. According to CA Vehicle Code (CVC) Section 22406, Speed Laws states, “No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour:
(a) A motortruck or truck tractor having three or more axles or any motortruck or truck tractor drawing any other vehicle.”
That section of the CVC points out that school buses with students, any vehicle transporting explosives, and other commercial vehicles with three or more axles cannot exceed 55 mph on any CA freeway.
How Is It a Misdemeanor Speeding Ticket
CVC Section 22406.1, Speed Laws prescribes, “A person who operates a commercial motor vehicle, 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.”
What’s more, it goes on to clarify that a CDL holder who exceeds the speed limit in a private vehicle under this provision “is guilty of an infraction.”
However, according to the FMCSA rules, both are a “serious offense.” Title 49 of the Code of Federal Regulations (CFR) Part 383.51, prescribes four areas of possible driver disqualification as a major offense, a serious offense, a railroad crossing offense, or an out-of-service (OOS) order offense. It further states that, “Major and serious offenses require driver disqualification even if the CDL holder is driving a non-CMV.”
A second serious offense within three years of the first will require a 60-day driver disqualification, and a third, 120 days. Not many fleet managers will keep a slot open for you while you serve an FMCSA driver disqualification.
Therefore, if you are convicted on a misdemeanor speeding ticket in a commercial vehicle in CA, you could spend time in county jail, have a criminal record, and get an FMCSA serious offense. Whatever your situation, you need to invoke your “right to remain silent” until you can consult a local attorney with both criminal and traffic court experience.
Kern County Traffic Attorneys Who Handle Misdemeanor Speeding Tickets
When you get a speeding ticket for doing 15 mph or more over the statewide 55 mph speed limit for most commercial vehicles, call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.
We have chosen to specialize in traffic law because we are much more efficient in this area of law than if we accepted other cases. We spend many hours in traffic court listening to rulings on traffic cases. The knowledge and experience gathered from all proceedings can be used to help our clients get the best result possible.
A local traffic attorney can ask for a dismissal when a technicality exists, such as inadequate training by the law enforcement officer on the speed monitoring device, or an out-of-date calibration.
Likewise, we can negotiate with the judge to get a no-point conviction that is essentially the same as a parking ticket. You still pay the fine, but there is no moving violation; therefore, no notification to the DMV or FMCSA.
Another option we frequently use is to request a reduced speed from the judge. Negotiating a conviction for a 14 mph speeding ticket will save you the misdemeanor classification as well as the “serious offense.” Give us a call before you give a statement, and let’s discuss your circumstances.
Hector H., of Montana, CA wrote on Yelp, “About a month and a half ago I was going 75mph on the 99 while I was working in my 18 wheeler ... I know every situation is different but in my case, I got a ticket for speeding and out of lane ( I was in the 3rd lane all the way to the left) and out of hours...
Well today was my court date and I also got a call from them today to tell me everything was dropped down to a non-point violation. Couldn't be any more happy. In case anyone wanna know what my total came out to it was $585 I believe for B&H. And my court fee was $815 due in 90 days from today...For me money was not a problem. I'm just glad everything was taken care of. HIGHLY RECOMMEND TO ALL CDL DRIVERS.”
Hector, thanks so much for taking the time to leave a detailed and thoughtful review! Hearing how we've met and exceeded our client's expectations always makes our day. We understand how hard our CDL clients work and how imperative it is to their livelihood for them to have a point-free record. Glad we were able to take care of your ticket and keep your record clear. Give us a call anytime! -- Mark
The 2019 CA Commercial Driver Handbook.pdf
(CFR) Part 383.51, Driver Disqualifications