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Will I Lose My CDL for Speeding 100+ MPH in My Personal Vehicle

undefinedAlthough a 100+ mph conviction on your Pre-employment Screening Program (PSP) record could hamper your chances of getting another high-paying trucking job, as long as you can avoid suspension, you won’t lose your commercial driver’s license (CDL). You must notify your employer of any conviction in your personal vehicle regardless of where you were convicted.

What’s particularly risky about representing yourself in a CA Traffic Court for speeding 100+ mph in your personal vehicle is that the judge has the discretion to suspend your license for 30 days if convicted automatically. Even if you could take time off to wait for your case to come up in traffic court, it is not wise to represent yourself, primarily because the judge will think you are not taking the charge seriously.

Many truckers hire a traffic ticket attorney to dispute their speeding ticket so that they can keep driving, pay the bills and put food on the table. Your best option is to call Bigger & Harman, APC, the Bakersfield Traffic Attorney Team.

But, Is It a Commercial Vehicle Speeding Ticket?

No, you must notify your employer if you are convicted even in your personal vehicle; it will remain on your motor vehicle driving record (MVR) for seven years and your PSP for at least three years. Still, it is not one of the two convictions for a “serious offense,” according to the FMCSA. A second conviction of speeding 15 mph or more over the speed limit in your commercial motor vehicle (CMV) will result in a 60-day driver’s disqualification, but not so in your personal vehicle.

“Speeding excessively (15 mph or more over the speed limit).”FMCSA 49 CFR Part 383.51, 6.2.5 Driver Disqualifications.

What’s more, Part 383, Guidance Q & A states, “Convictions for serious traffic violations, such as excessive speeding, only result in disqualification if the offenses were committed in a CMV—unless the State has stricter regulations.”

There you have it. It is not a serious offense for your CSA score to be convicted of speeding 100+ mph in your personal vehicle. However, the consequences on your insurance and possibly with your employer, are extremely serious. You are also subject to a mandatory court appearance by either you or an attorney. If you are convicted, you face a fine of between $900 and $2,500 with surcharges, fees and penalties, and the DMV will assess two negligent operator treatment system (NOTS) points, which will stay on your MVR for seven years.

Your insurance will likely double or triple and stay at that level for the entire seven years that the offense stays on your record. So, despite it not being a serious offense by the FMCSA, you face some grave consequences.

It is best to hire a CA traffic attorney to resolve your case in traffic court because they know the legal terms and technicalities that could result in a dismissal or reduced conviction to one or less points.

In the Roseville Traffic Court, a CA Traffic Attorney Could Help with a Dismissal or Reduced Charge

Call Bigger & Harman, (661) 349-9300 if you get a 100+ mph speeding ticket in your personal vehicle as a commercial driver.

We offer all CDL holders a free, no-obligation consultation, even by email or phone. It’s typically the most convenient for both parties.

Email: attorney@biggerharmanlaw.com.

Se habla Español (661) 349-9755.

References:

The 2019-2021 CA Commercial Driver Handbook.pdf

The FMCSA CFR 49 Part 383.51, Driver Disqualifications

CVC Section 22348, Other Speed Laws