You will see many ads saying they will help you beat a commercial vehicle speeding ticket using a “Written Declaration.” However, you should be careful about using one of these and backing yourself into a corner.
A written declaration might seem like a good idea, but before you give up your $99 or $100, you should speak to a member of a traffic defense team led by a professional California licensed traffic attorney. Your job is too important to be left to the amateurs.
Facts about a Commercial Vehicle Speeding Ticket around Roseville, CA
CA Vehicle Code (CVC) Section 22406, Speed Laws restricts most commercial vehicles from driving faster than 55 mph statewide. It specifically states, “No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour.”
Although it is typically any vehicle with three or more axles, the code details which vehicles are included. It states, motor trucks or truck tractors with three or more axles, school buses with pupils onboard, farm labor vehicles transporting passengers, any vehicle hauling explosives, and any passenger vehicle, truck, or bus towing another vehicle.
Let’s say, for example, you rented a Ryder or U-Haul truck to move some cargo or goods for payment. You may not know you are restricted to 55 mph as you drive across CA. Also, you must stop at all open weigh stations.
What makes this law particularly hazardous to long-haul truckers, particularly those coming from Nevada, is that many other states do not have speed differential laws. The speed limit is the same for everyone, and you do not need to look for a smaller sign that announces a lower speed limit for certain vehicles.
You could see that 70 mph speed limit sign and think you are good to go that fast. However, if you get caught in CA going 70 mph in a commercial vehicle, not only will you get a commercial vehicle speeding ticket, but you might get charged with a misdemeanor offense as well.
CVC 22406.1, Speed Laws, makes it a misdemeanor to drive 15 mph or more over the 55 mph speed limit established by CVC 22406. It states, “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.”
How to Fight that Commercial Vehicle Speeding Ticket in Roseville, CA Traffic Court?
You should consult a CA attorney with experience in traffic court. Most lawyers that specialize in other law areas hire traffic attorneys when they get a traffic ticket. The reason for that is simple; traffic attorneys are familiar with the system and what can be negotiated.
It might seem far-fetched to get a misdemeanor commercial vehicle speeding ticket reduced to a non-moving violation. Still, it happens frequently with traffic attorneys familiar with traffic court judges. Many traffic court judges do not want to give a trucker a misdemeanor crime on their record. They realize most truckers are just trying to deliver goods and make a living to support their families.
Their job is to collect revenue for their county’s treasury and ensure drivers obey the law. Suppose they can get a driver to plead guilty to a reduced charge of parking on a bridge or some other non-moving violation with an equivalent fine. In that case, they can feel good about doing their job without damaging the driver for life with a criminal record.
When you get stuck with a misdemeanor record, you will find it difficult to keep your current driving position and to find another. Trucking fleets are required by law to look at a driver’s Pre-employment Screening Program (PSP) record before hiring.
That’s why, as a CDL holder, you should always consult a CA traffic attorney before you agree to give someone money to prepare a written declaration for you or pay the fine without contesting a commercial vehicle speeding ticket.
Commercial Vehicle Speeding Ticket Attorneys Who Can Assist You in Roseville, CA, Traffic Court
When you receive a commercial vehicle speeding ticket in the Roseville, CA, or Placer County area, call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.
We handle a large variety of CDL violations in CA Traffic Courts, such as speeding, overweight trucks, following too closely, an unsafe lane change, cell phone tickets, and many more. Give us a call to get a free initial consultation.
We understand you cannot afford to take time off to come in, so we can handle most everything over the phone or by email.
The 2019-2021 CA Commercial Driver Handbook.pdf