Many novice truckers and non-commercial drivers are wondering what a misdemeanor speeding ticket is.
That’s understandable considering it is the only misdemeanor charge for speeding in California.
CA Vehicle Code (VC) Section 22406.1, Speed Laws, makes it a misdemeanor offense to drive a vehicle identified as a commercial vehicle in Section 22406, over the 55-mph statewide restriction established in that traffic code by 15 or more mph.
“A person who operates a commercial motor vehicle, as defined in subdivision (b) of Section 15210, upon a highway at a speed exceeding a posted speed limit established under this code by 15 miles per houror more, is guilty of a misdemeanor.”
Why is the designation as a misdemeanor so crucial? If convicted of a misdemeanor, the driver faces jail time or probation, a substantial fine, and a criminal record.
“A misdemeanor is a type of offense punishable under criminal law. A misdemeanor is typically a crime punishable by less than 12 months in jail.”— Cornell Law School Legal Information Institute (LII) WEX Definitions: Misdemeanor.
We fight misdemeanor speeding charges with ferocity. Another little-known technicality is that driving 15 mph or more in a reduced speed zone established by local authorities or Caltrans due to steep grades or city limits is not a misdemeanor speeding charge.
Let’s say the speed limit on I-15 just outside Victorville dips to 25 mph; going 40 mph there would not warrant a misdemeanor charge.
It’s still a speeding ticket that might cost a commercial driver a large fine and 1.5 Negligent Operator Treatment System (NOTS) points, but if the LEO wrote it up as a misdemeanor, they made a mistake. That, according to 22406.1, is an infraction.
However, when reported to the FMCSA, they could see it as a “serious offense” for excessive speeding, and a second conviction within three years will result in a minimum driver’s disqualification of 60 days up to a lifetime ban for subsequent unfavorable verdicts.
What’s more, the conviction will remain on the driver’s PSP for up to three years.
Can I Beat a Misdemeanor Speeding Ticket Is a Legitimate Question
At Bigger & Harman, we are often asked Can I beat a misdemeanor speeding ticket as a CDL holder?
Unfortunately, along the major interstates in California, you can see big rigs pulled over on the side of the road, while non-commercial driver in their little four-wheeled vehicles scream by at 80 or 85 mph.
You can’t blame the law enforcement officers; they’re just doing their jobs like the truckers. Well, they don’t have to be so selective and choose a majority of truckers delivering America’s goods.
But we digress. The answer to the question is quite frequently yes. We do get outright dismissals due to uncalibrated speed measurement devices, officer errors and contradictory statements, and other technicalities. But in regard to misdemeanor charges, we are more likely to negotiate a deal to avoid the criminal conviction and severe driver complications than to actually do a trial with a judge and jury.
On infraction speeding cases, the tickets are often dismissed because the LEO does not show up. But on misdemeanor speeding cases, the district attorney almost always insures that the officer does show up.
San Bernardino is likely to pay the officer overtime and make whatever arrangements are necessary to ensure the LEO is in the courtroom for trial on a criminal matter. After all, it’s a serious charge and you would expect more effort to prosecute the ticket.
You’re best option is to consult a CA traffic attorney with courtroom experience.
What Are the Consequences of a Conviction for a Commercial Driver’s Misdemeanor Speeding Ticket?
If convicted in Victorville Courthouse, the driver faces a “base fine” of around $1,000, which, when the ten State and county surcharges and penalties are added, that fine could be as much as $3,000.
Much worse, they face up to six months in the San Bernardino County Jail, though typically, the judge will order probation and avoid sentencing jail.
The 1.5 NOTS points might seem inconsequential after the consequences, but the CA DMV NOTS assessment will result in a notification being sent to the FMCSA, and the serious offense will become a part of the driver's PSP.
Ask Bigger & Harman About Your Misdemeanor Speeding Ticket
If you face a misdemeanor speeding ticket, don’t discuss the incident with anyone before consulting a traffic attorney. This is a serious allegation that could result in a criminal record. The driver is under no obligation to discuss it with the LEO or officers of the court without an attorney present.
Bigger & Harman regularly defends clients in the San Bernardino County Courthouse in Victorville for those stopped on I-15. Yes, we also appear in Needles Traffic Court. Call for a free, no-obligation consultation about a commercial vehicle lane violation at (661) 349-9300—se habla Español 349-9755.
Use our convenient automated contact form or email us at attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: What makes it a misdemeanor speeding ticket for a CDL holder in California?
A: Section 22406.1 of the California VC makes driving a commercial vehicle 15 mph or more over the statewide 55-mph limit for commercial vehicles established in Section 22406 a misdemeanor offense. However, speeding 15 mph over a reduced speed limit due to steep grades or city limits, is normally charged as an infraction.
Q: Can a CDL holder beat a misdemeanor speeding ticket in Victorville Courthouse in San Bernardino County, CA?
A: Although there are no guarantees, we’ve been able to get favorable results for commercial drivers, including getting the charges reduced to infractions, full dismissals, and alternate charges with no points on their driving record. Our first objective is keep your record clean.
Q: How long does a misdemeanor speeding ticket stay on a CDL holder’s record?
A: The conviction for a misdemeanor could stay on the driver’s CA motor vehicle driving record for up to ten years, and their PSP for up to three years. Call Bigger & Harman at (661) 349-9300 for a personalized CDL defense strategy workup today. It’s free.
References:
CA VC Sections 22406 & 22406.1, Speed Laws.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The Cornell Law School LII WEX Definitions: Misdemeanor.