Although there are no guarantees in traffic court, taking a few proactive steps that begin with consulting a traffic attorney could lead to a dismissal of a commercial lane violation.
What Is a Commercial Lane Violation in CA?
CA commercial drivers must understand the laws and regulations governing their driving behavior.
One essential aspect they must be aware of is the commercial lane violation. This violation is outlined in CA Vehicle Code (VC) Section 22348(c), Speed Laws, which prohibits certain commercial vehicles from using the third lane on highways with three or more lanes.
Commercial vehicles subject to CA VC Section 22406, Other Speed Laws, which primarily includes vehicles with three or more axles, are restricted from using the third lane.
This law was enacted to ensure safe traffic flow and prevent congestion caused by large commercial vehicles in the far-left lanes. It also sets the statewide 55 mph speed limit for these commercial vehicles or non-commercial passenger vehicles towing another vehicle, trailer, or recreational vehicle.
How Much Is the Fine for a Commercial Lane Violation
The consequences of a commercial lane violation extend beyond the immediate fine.
Understanding the financial implications is crucial for commercial drivers. Typically, most minor infractions, including a commercial lane violation, result in a fine of approximately $237. However, the "base fine" for these infractions is just $35.
What makes these fines significantly higher are the various surcharges, penalties, and assessments, such as DNA ID testing, court construction, night court operations, emergency services, and others, which the state assembly has added in the years since the traffic code was published.
These additions can multiply the fine by up to five times the base amount. Therefore, it's essential to be aware of the potential financial burden of a commercial lane violation.
However, the fine is only a minor inconvenience for most commercial drivers. What really hits home is the negligent operator treatment system (NOTS) assessment if convicted.
Once the DMV receives notice of a conviction or paid fine, they notify the DOT FMCSA. The FMCSA will add Compliance, Safety, and Accountability (CSA) severity points that become a part of the commercial driver’s Pre-employment Screening Program (PSP) record for three years.
For information about these violations, read “Lane Violations: How to Protect Your Commercial License.”
Be Proactive. Hire a Traffic Attorney to Dispute a Ticket
Navigating the legal complexities of a commercial lane violation can be challenging. However, there are proactive steps you can take to protect your driving record and livelihood.
The first and most crucial step is to consult a traffic attorney who is experienced and knowledgeable in representing commercial drivers in traffic court.
Our team is dedicated to assisting commercial drivers in disputing commercial lane violations effectively. We understand that any conviction of a moving violation for a commercial driver can have severe consequences, including career jeopardy. That's why we work tirelessly to advocate for your rights and explore options to mitigate the charges.
An experienced traffic attorney can negotiate with the traffic court judge on your behalf, aiming to get the charges reduced to a non-moving violation with no points, potentially with a higher fine, or even strive for dismissal.
It's vital to note that while there are no guarantees in legal proceedings, having an attorney with experience in traffic matters significantly improves your chances of a favorable outcome.
Disputing a commercial lane violation in Fresno County, CA, is not just about paying a fine. It's about protecting your driving record and livelihood as a commercial driver.
Understanding the legal nuances and potential consequences is crucial. By being proactive and seeking legal representation, you can effectively dispute a commercial lane violation and work toward the best possible outcome.
Remember, we are here to help you navigate this process and advocate for your rights in court.
Consult Bigger & Harman, APC, about a Commercial Lane Violation
When you are accused of a commercial lane violation, consult Bigger & Harman, who has a solid reputation of trust among truckers and traffic court judges in Fresno Courthouse. We spend the time necessary to ensure we get you the best possible result using a flat fee to resolve your traffic tickets.
Call (661) 349-9300 to arrange a free, no-obligation consultation. Likewise, use our handy contact form or email attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook.