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What Can I Do about a Speeding Ticket in My CMV in California?

undefinedWhen you have a speeding ticket in a commercial motor vehicle (CMV), you should discuss it with a CA traffic attorney to see if it should be disputed in traffic court.

There are often technicalities that allow the traffic court judge to grant a dismissal or a reduced no-point conviction. Although the no-point conviction might require you to pay a fine, it could be the equivalent of a parking ticket.

Speeding Tickets by CMV Drivers

Commercial drivers depend on their commercial driver’s license (CDL) for their livelihood. Unlike regular drivers, if they lose their license, they are also out of work. CDL holders must take speeding tickets seriously. At the very least, you owe it to yourself and your family to discuss the speeding ticket with a CA traffic attorney who might get your ticket dismissed or reduced.

CA traffic law is strict when it comes to commercial drivers. A commercial driver gets assessed 50 percent more NOTS points than a regular driver. For a speeding ticket conviction, the DMV will assess 1.5 NOTS points to a commercial driver, whereas a regular only gets one.

When a driver reaches four NOTS points within one year, six within two, or eight within three years, the DMV will issue an Order of Suspension & Probation. The driver must request a DMV NOTS Hearing to avoid the suspension by showing the DMV that their commercial driving exposed them to more risk of tickets and collisions than a regular driver if most of their NOTS points were not accumulated in their private vehicle.

A traffic attorney knows which conviction and paid fines can get removed from your motor vehicle driving (MVR) record. They sit in traffic court day-in and day-out, listening to judges’ rule on traffic cases just like yours. All it takes is the removal of one record of conviction or an at-fault accident. Traffic attorneys can frequently raise doubt about an at-fault accident. Were you actually at fault, or did the investigator make a rushed decision of responsibility?

Although this might seem complicated, traffic attorneys handle these issues frequently. Lawyers who practice only traffic law know the judge, the traffic court staff, how to get the information they need to defend their clients, and even many of the law enforcement officers (LEO) who are mandated by CA traffic law to appear in court to attempt to prove your guilt. They can subpoena records laypeople don’t even know they need.

You have the Constitutional right to confront your accuser, and if they do not show up for court, a traffic attorney can request an immediate dismissal.

If the device the LEO used to measure your speed was not recently calibrated, an experienced and knowledgeable traffic attorney can subpoena the calibration records and raise significant doubt about the reliability of the device.

Likewise, if the LEO was not trained sufficiently before using a new device, such as a LIDAR, a new laser tracking device, once again, there might be reasonable doubt about the reliability of the information gathered by the officer due to their insufficient training.

NOTS Points Vs CSA Severity Points

It is crucial to do whatever is possible to avoid NOTS points to avoid DOT FMCSA notification, where more penalties and fines are possible. Every conviction that goes to the FMCSA is assessed Compliance, Safety, and Accountability (CSA) severity points under the Safety Measurement System (SMS).

The following are the CSA severity points for speeding:

  • Ten severity points for 15 mph over or any speeding in a construction zone.
  • Seven points are assessed for speeding 11 to 14 mph over.
  • Four points are assessed for speeding 6 to 10 mph over.

CSA severity points and a time-weight multiple are used to measure a fleet’s safety and future crash risk. Therefore, commercial drivers with too many CSA points might get terminated by the fleet manager to lower their fleet insurance premium. Consult a CA traffic attorney before you decide to pay a speeding ticket fine.

Traffic Attorneys Who Can Help with Speeding Tickets in a CMV in Riverside County, CA

Call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.

We can help you with a Riverside County, CA, speeding ticket, DMV NOTS Hearing, overweight truck, logbook violations, lane violations, unsafe lane changes, and many others. Give us a call and let’s discuss the specifics of your traffic issue. We always use a flat fee to resolve your situation.

Email: attorney@biggerharmanlaw.com.

References:

The 2019 CA Commercial Driver Handbook.pdf

The Balancesmb.com article, A Guide to CSA Point Values and Transportation ?