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

undefinedWhen a commercial driver receives a commercial motor vehicle (CMV) speeding ticket, they must dispute it to get it reduced to a non-moving violation or dismissed entirely. Although there are no guarantees, these are proven strategies we have employed as CA traffic attorneys that get solid results.

#1 — Immediately Consult a CA Traffic Attorney About Your CMV Speeding Ticket

Many drivers believe consulting a traffic attorney will cost more than the fine. Whereas that is likely true, you must look at the long-term effect of a conviction for a moving violation in a CMV.

Many fleet managers are charged with keeping the fleet insurance premium as low as possible. Any moving violation affects that premium. In many cases, they may have to terminate a driver with a moving violation conviction if it raises the fleet insurance premium.

When a driver pays the fine for a CMV speeding ticket, the CA DMV will notify the DOT FMCSA of the conviction, and the FMCSA will assess Compliance, Safety, and Accountability (CSA) severity points, depending on the mph over the speed limit.

These CSA severity points not only count against the fleet’s Safety Measurement System (SMS) percentile but are placed in the driver’s Pre-employment Screening Program (PSP) record, which a new employer must consider before hiring a driving recruit.

The CSA points can affect the driver’s ability to negotiate pay and benefits with the trucking firm. Large, high-paying fleets only want drivers with a clean driving record, and they will pay well for those drivers.

Therefore, commercial driver’s license (CDL) holders with traffic tickets must consult and hire a CA traffic attorney to resolve their traffic tickets in court. 

#2 — CA CMV Speeding Ticket Conviction Consequences   

If convicted of a CMV speeding ticket, the driver will pay $485 or more, if driving ten or more over and on what type of record they have. 

CA Vehicle Code (VC) Section 22406Speed Laws, provides a uniform 55 mph speed limit for commercial and other vehicles with three or more axles. Likewise, CA VC 22406.1Other Speed Laws, makes it a misdemeanor crime for a commercial driver to exceed the 55 mph speed limit by 15 more mph.    

The CA misdemeanor CMV speeding ticket conviction triggers a “serious offense” at the DOT FMCSA. A second conviction on a CMV speeding ticket for 15 mph over the limit or all speeding ticket convictions in a construction zone will initiate a 60-day driver disqualification.

Most fleet managers will not hold the driver position open for two months.

Hire a CA Traffic Attorney to Dispute Your CMV Speeding Ticket

You might think the judge will side with the law enforcement officer (LEO), but that is not always the case, particularly when you have legal representation. Plus there is always the easiest way to get a dismissal, when the officer doesn’t show up at trial for whatever reason, and an experienced traffic attorney asks for dismissal under the grounds that you have a right to face your accuser.

A traffic attorney’s purpose is to raise the level of “reasonable doubt.”  They can often do that by showing the speed measuring device was not calibrated recently, the LEO wasn’t trained properly on the device, or weather conditions might have caused an error in the device. 

In some courts and under some circumstances, it may be possible to negotiate for a non moving non point violation. A non-moving conviction is similar to a parking ticket, though usually much more expensive. However, when there are no negligent operator points, the DMV and the FMCSA are not notified, and there’s no requirement for you to notify your employer. 

Consult Bigger & Harman About How to Dispute a CMV Speeding Ticket in Kern County

Especially when you’ve been accused of a CMV speeding ticket that qualifies as a misdemeanor, you need legal assistance. However, you should always consult a traffic attorney. Our traffic attorneys have been asked to defend over 20,000 traffic tickets and we have a solid reputation of trust with truckers and success in Bakersfield Courthouse

Give us a call at (661) 349-9300, and let’s discuss your situation. 

Likewise, use our handy online contact form or email us at

Download our e-book, Protecting Your Commercial Driver License.

Se habla Español (661) 349-9755.


The DMV Portal CA Commercial Driver Handbook.

The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5Disqualification of Drivers.

CVC Sections 22406 & 22406.1Speed Laws.

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