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

undefinedWhereas it’s understandable to be strict about the movement of hazardous material (HazMat), making more than 360 violations misdemeanors seems excessive.

When ticketed for a hazmat violation, the first thing you should do is check the citation to see if “M” or the “I” is circled. If the M is circled, that means you have a misdemeanor ticket, and you exercise your right to remain silent, sign the ticket and call Bigger & Harman, APC, the Bakersfield Traffic Defense Team. 

Imagine Getting a Misdemeanor HazMat Ticket for Having the Wrong Map  

Some things about hauling hazmat make sense to ensure that the driver is attentive to even minor details, but this seems a little extreme. However, CA Vehicle Code (CVC) Section 31602Transportation of Explosives, warns owners and drivers that there are three misdemeanor conditions within this section, driving without “a valid license for the transportation of explosives,” using a route not designated for the transportation of explosives, or stop at a “place not designated as a safe stopping place unless the vehicle is disabled, directed by law enforcement, or “to avoid conflict with other traffic.”

That means if a driver stops for coffee or food at a location not designated by the California Highway Patrol, they are subject to a hazmat misdemeanor traffic ticket. 

One would think that the payment of a $4,175 fine and an assessment by the DMV of three negligent operator treatment system (NOTS) points would be sufficient to deter a driver or owner from driving without the correct endorsement to their commercial driver’s license (CDL), using a route not designated for transporting explosives, or stopping for lunch at a place not approved for that. Instead, the State of California decided to give a judge discretion to saddle a driver with a criminal record for making a mistake like stopping at a diner for lunch that the CHP did not approve.

Look at some of the other examples; driving beyond the hours of service (HOS) permitted by the DOT FMCSA makes perfect sense. Not only are you driving while possibly fatigued in a vehicle that outweighs most other vehicles by several tons, but the new electronic logging device (ELD) will warn you when you approach that limit. That probably means you willfully ignored the law.

However, what about not having a copy of your inspection record? A misdemeanor offense? What about having an outdated map or no map in possession? Plus, there are several hundred more that it seems would be better served to issue a significant fine, not endanger a trucker’s livelihood because their packing documents or the placement of the cargo itself within the truck is not up to standard. 

Regardless of written citation, you, as a CDL holder who hauls hazmat regularly, must challenge every traffic ticket in court to maintain your hazmat endorsement.   

You Need an Attorney for a Misdemeanor HazMat Ticket in Kern County 

When you receive a violation for a hazmat misdemeanor or any traffic ticket in your CMV or personal vehicle, call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.

When you get to four NOTS points in your personal vehicle, your license could be suspended, and you will be unable to drive your CMV either without requesting and appearing before a DMV NOTS Hearing. Therefore, you must fight every traffic ticket.

We practice only traffic law using a flat fee to resolve your traffic tickets in California. Give us a call.



The 2019-2021 CA Commercial Driver Handbook.pdf

CVC Section 31602Transportation of Explosives

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