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I Got Caught Speeding in a Commercial Vehicle. What Can I Do?

undefinedTruck drivers transporting cargo in CA on the I-5 need to beware of the California Highway Patrol (CHP) if they are speeding in a commercial vehicle. The CHP will not give a trucker exceeding the 55 mph statewide speed limit a break, typically. 

I-5 opens up north of Sacramento, and truck drivers are more apt to get speeding tickets while their noncommercial driving peers fly by doing 80 or 90 mph. There’s less traffic, but the CHP is there waiting.

Speeding in a Commercial Vehicle Could Be a DOT FMCSA Serious Offense 

The truck driver caught unaware might be driving 70 mph on I-5 like his four-wheel peers. However, with the statewide 55 mph restriction in CA Vehicle Code (CVC) Section 22406Speed Laws, which states, “No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour: A motortruck or truck tractor having three or more axles or any motortruck or truck tractor drawing any other vehicle.” and CVC 22406.1Other Speed Laws, if a driver is driving 15 mph over the speed limit in a commercial vehicle, they could be guilty of both a CA misdemeanor offense and a DOT FMCSA “serious offense.”

A second conviction of the same serious offense within three years of the first will result in an FMCSA 60-day driver disqualification. As per, Title 49 CFR Part 383.51, Paragraph 6.2.5Disqualification of Drivers“Speeding excessively (15 mph or more over the speed limit)” or any speeding in a construction zone. Or, much worse, a major offense, which could lead to a one-year disqualification, such as “Causing a fatality through the negligent operation of a CMV.” 

A driver found guilty of speeding in a commercial vehicle involved in a fatal accident will likely receive a one-year driver disqualification and a lifetime of regret. Remember, in a construction zone or when there is an emergency vehicle in your lane or curbside, “slow down, and move over.”  

CA Traffic Court Consequences for Speeding in a Commercial Vehicle

CA traffic court fines are about more than just the robust fine amounts, truck drivers are advised to talk to an experienced traffic attorney before you decide to pay the fine or dispute the ticket in court because of the extensive penalties at the DOT FMCSA level and your MVR points. 

Likewise, some fleet managers will not tolerate a moving violation conviction of any kind. They would rather take their chances with a rookie driver with a  clean record than a proven professional with one moving violation in their commercial vehicle.

Got a Speeding in a Commercial Vehicle Ticket in the Woodland, CA Area? 

Call Bigger & Harman, (661) 349-9300, when you receive a traffic ticket or notification of suspension/probation. 

We are CA traffic defenders who can resolve your Woodland, CA, traffic tickets or assist you in a DMV NOTS hearing. Although you might think you can handle the ticket yourself, give us a call. We will likely surprise you with how inexpensive it is to be represented by knowledgeable and experienced traffic attorneys. We always use a flat fee. 

Email: attorney@biggerharmanlaw.com

Se habla Español (661) 349-9755.

References:

The 2019-2021 CA Commercial Driver Handbook.pdf

CVC Section 22406Speed Laws & CVC 22406.1Other Speed Laws

Title 49 CFR Part 383.51, Paragraph 6.2.5Driver Disqualifications