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Misdemeanor Speeding Ticket in Commercial Vehicle? Better Lawyer Up!

undefinedCA Vehicle Code (CVC) Section 22406.1 Deals with Misdemeanor Speeding in Commercial Vehicle

In CA, you could face a misdemeanor criminal record when you are stopped for speeding in a commercial vehicle going 15 or more mph over the 55 mph statewide speed limit. No other speeding ticket in CA carries a misdemeanor charge. 

CVC Section 22406Speed Laws, prescribes a 55 mph speed limit statewide for most commercial vehicles. It states, “No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour:”  

  • A motor truck or tractor-trailer with three or more axles
  • “A passenger vehicle or bus drawing any other vehicle.” Therefore, if you are driving an RV hauling a car, your speed limit is 55 mph. However, since you are not a commercial driver, you’re not subject to the misdemeanor penalty.
  • The school bus with pupils onboard.
  • The farm labor vehicle with workers onboard.
  • Any vehicle hauling explosives.
  • “A trailer bus.” 

These vehicles are subject to the 55 mph speed limit anywhere in CA. 

CVC Section 22406.1Speed Laws, warns that a commercial driver operating a commercial vehicle that exceeds 55 mph is guilty of a misdemeanor. But a commercial driver that operates a non-commercial vehicle at the same speed, 15 or more mph over the 55 mph speed limit, is guilty of an infraction.

It doesn’t seem fair, does it? 

Believe it or not, some District Attorneys and CA judges feel the same way. But they often need a knowledgeable and experienced traffic attorney to present a logical alternative to get the revenue for the county without saddling a commercial driver with a criminal record.  When that is not possible, then you need an attorney who understands how to fight your ticket. 

When stopped by a CHP or law enforcement officer (LEO) in Kern County, do not argue with the officer on the side of the road.  Rarely does an argument help in fighting the ticket or getting a good resolution in court. In fact, it is best not to make a statement of any kind. Sign the ticket, and call a Kern County traffic ticket attorney. 

Commercial Vehicle Misdemeanor Speeding in Kern County 

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

We are Central Valley traffic ticket attorneys with Superior Court experience across CA. We specialize in traffic cases so that we can give our clients the best resolution possible.

Email: attorney@biggerharmanlaw.com

References:

The 2019-2021 CA Commercial Driver Handbook.pdf

CVC Section 22406 & 22406.1Speed Laws