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I Got a Speeding in a Commercial Vehicle Ticket in Truckee, CA. What Can I Do

undefinedWhen you get a ticket for speeding in a commercial vehicle, you need professional legal advice and assistance to challenge your ticket in Truckee Traffic Court in Nevada County, CA.

Too many commercial drivers mail it in. They believe it’s cheaper and more convenient to pay the fine, accept the negligent operator treatment system (NOTS) points, and pick up the next load of cargo, knowing they don’t have time to contest the ticket in a Truckee, CA traffic court.

The CA Penalties for a Speeding in a Commercial Vehicle Paid Fine

They are correct about the time and inconvenience of challenging a speeding in a commercial vehicle ticket in Truckee, CA. It could require two appearances in traffic court. One for the arraignment where you plead not guilty, and a second for trial.  More days could be necessary if there are issues getting relevant evidence from the prosecution.  

Many don’t understand that hiring a traffic ticket defender is much cheaper than hiring a criminal or family lawyer that requires a retainer and charges by the hour. The traffic ticket defense team of Bigger & Harman, APC, uses a flat fee to resolve speeding in a commercial vehicle ticket. Well, all traffic tickets, actually.

When you pay the fine, it could be around $285 for six to ten mph over the limit or safe speed depending on road conditions, $500 for 11 to 14 mph over, and 15 or more mph over the statewide speed limit in CA Vehicle Code (CVC) Section 22406Other Speed Laws is a misdemeanor charge according to CVC Section 22406.1, also Other Speed Laws, that could cost $2,500 or more and a trip to the county jail for five to 90 days

The threat from the first two fines is negligible for most commercial driver’s license (CDL) holders, though the threat of termination by the fleet manager for a moving violation conviction is possible due to the increased fleet insurance premium and the DOT FMCSA percentile.

Many fleet managers get a bonus when they keep the fleet insurance premium below a certain level. Therefore, they would instead take a chance with a new driving school grad than retain the driver with even one speeding in a commercial vehicle or other moving violation.

Then, once terminated, the driver must apply to other fleets who will see the moving violation on their Pre-Employment Screening Program (PSP) record and either decline or offer much less than the going rate per mile—some only 25 cents per mile.   

Therefore, the CDL holder must consult and hire a traffic attorney to challenge their speeding ticket in Truckee Traffic Court.     

The Second Penalties at the DOT FMCSA for a Speeding in a Commercial Vehicle Conviction 

As if the penalties for paying the fine were not enough, once the notification of your speeding in a commercial vehicle conviction reaches the FMCSA, they will assess Compliance, Safety, & Accountability (CSA) severity points based on your speed.

  1. Six to ten mph over is four CSA points.
  2. Eleven to fourteen is seven.
  3. Fifteen or more mph over or any conviction of speeding in a commercial vehicle within a marked highway construction zone is assessed the maximum of ten CSA points and a “serious offense.”

What’s significant about a serious offense is that a second conviction within three years will result in a 60-day driver’s disqualification by the FMCSA. Your best chance is to fight the original accusation in court with a knowledgeable and experienced traffic attorney.

Contest Your Speeding in a Commercial Vehicle Charge in Truckee, CA, with the Bakersfield Traffic Defense Team of Bigger & Harman, APC 

Contact Bigger & Harman (661) 349-9300 by phone or email to get a comprehensive consultation regarding your speeding in a commercial vehicle ticket.

We have had a great deal of success with a commercial speeding ticket in Truckee, CA. Although there are no guarantees, we have been able to get many dismissed and others downgraded to a no-point, non-moving violation that will not appear on your CA motor vehicle driving record, and the FMCSA will not be notified when there are no NOTS points. 

Se habla Español (661) 349-9755.

Email: attorney@biggerharmanlaw.com

References:

The DMV Portal CA Commercial Driver Handbook Copyright 2022.

The FMCSA CFR 49 Part 383.51Driver Disqualifications

The Balance articleWhat Do CSA Point Values Mean to Me.

CVC Section 22406 & 22406.1Other Speed Laws

The Balance articleA Guide to CSA Point Values and Transportation.