Protect Your Driving Privileges Fight Your Ticket With Bigger & Harman Today

undefinedEvery commercial driver’s license (CDL) holder who drives their commercial motor vehicle through CA must know they are subject to a misdemeanor conviction for speeding in a commercial vehicle 15 or more mph over the 55-mph speed limit.

First, the statewide speed limit for most commercial vehicles is 55 mph or slower if determined by a traffic survey by Caltrans and/or local authorities. Think about the Grapevine, Donner Pass, Sherwin Grade and others in CA. 

CVC 22406 Defines Speeding in a Commercial Vehicle

That is clearly stated in CA Vehicle Code (CVC) Section 22406Speed Laws, says, “No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour.”  Refer to the CVC to determine which commercial vehicles this applies to.

CVC 22406.1 Adds What Conditions Make Speeding in a Commercial Vehicle a Misdemeanor Crime

CVC 22406.1Other Speed Laws warn, “A person who operates a commercial motor vehicle…upon a highway at a speed exceeding a posted speed limit established under this code by 15 miles per hour or more, is guilty of a misdemeanor.”

Speeding in a commercial vehicle is the only speeding violation that is a misdemeanor crime. Moreover, only CDL holders traveling 70 or more mph in a 55-mph zone in those vehicles identified in CVC 22406 are subject to criminal prosecution for speeding in CA.

However, once that happens a second time in any state, you could be subject to a 60-day driver’s disqualification from the DOT FMCSA for a second “serious offense” within three years of the first conviction. 

Despite what the traffic code states and a law enforcement officer's (LEO) ability to issue a ticket for it, only a CA Superior Court judge can find you guilty and impose punishment. Likewise, they can reduce your charge from a misdemeanor to an infraction. Likewise, they alone, can reduce your charge from a misdemeanor to an infraction. 

Commercial drivers must dispute the charge to avoid a criminal record and a driver’s disqualification by the FMCSA. Believe it or not, some traffic attorneys have been able to negotiate an $800 parking on a highway bridge ticket for a misdemeanor speeding in a commercial vehicle.

Both parties were satisfied. The county gets revenue for their projects, and the commercial driver gets to keep their driving record clean, with their career intact. No judge wants to saddle a commercial driver with a misdemeanor conviction unless there is no other way.

For instance, if the trucker or bus driver gives the LEO a difficult time at the roadside. Many don’t consider that most CHP and LEOs have bodycams. I’m sure you’ve heard, “…everything you say can and will be used against you in a court of law.” Of course, the prosecution will introduce that as evidence in court. 

Exercise the “right to remain silent,” and contact a Kern County traffic attorney with trial experience. A knowledgeable and experienced traffic attorney will put all the weapons of CA traffic law defenses at your disposal.     

Contact Bigger & Harman, APC, the Bakersfield Commercial Vehicle Traffic Ticket Attorneys for Kern County, CA

Call Bigger & Harman at (661) 349-9300. There is much more to getting a dismissal or reduced charge than going to court and requesting it. 

First, the proper documents must be filed with the court. As a CDL holder, you need done-for-you (DFY) legal representation so that you can pick up the next load and keep trucking. Call or email to discuss your options.

Se habla Español (661) 349-9755.Speed Laws



The DMV Portal CA Commercial Driver Handbook Copyright 2022.

CVC Section 12810.5, Issuance and Renewal of Licenses, Section 22406, Speed Laws & 22406.1Other Speed Laws

The FMCSA CFR 49 Part 383.51Driver Disqualifications.

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