Drivers often ask. “Do I they need legal representation for hazardous material traffic violations?”
Since there are more than 350 misdemeanor charges for mishandling hazardous material, the obvious answer is yes.
In Kern County, CA, and across the USA, commercial drivers face serious consequences, including possible jail time or probation for hazardous material violations.
What Are Considered Hazardous Materials?
The DOT FMCSA defines hazardous materials as:
“A substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has been so designated.”
Knowing the risks involved makes it clear why there are so many misdemeanor charges.
The Top 5 Misdemeanor Hazardous Material Violations
Let's examine the top five offenses.
#1 — Speeding with Hazardous Material Cargo
Speeding remains the most common violation worldwide.
However, hauling hazardous material and speeding is a misdemeanor crime.
CA Vehicle Code (VC) Section 22406.1 includes those vehicles identified in CA VC Section 22406, including those transporting explosives.
This violation is also a "serious offense" under the DOT FMCSA. A second conviction could cause a minimum 60-day driver disqualification.
#2 — Hours of Service (HOS) Rules Violation
A conviction for violating HOS rules while transporting hazardous material is a misdemeanor.
Drivers will face an Out-of-Service (OOS) Order and citation immediately.
It's best to exercise the “right to remain silent” and contact Bigger & Harman without delay.
#3 — Taking a Break in an Unauthorized Location
CA VC Section 31602 (c) states drivers cannot stop in unapproved areas when hauling explosives.
The CHP provides route maps with authorized stopping points, which are mandatory possessions while hauling explosives. A violation here can lead to a $4,175 fine and three NOTS points.
#4 — Missing or Outdated Route Maps
Under CA VC Section 31611, a driver must carry an up-to-date CHP-approved route map. Without one, drivers risk a $4,175 fine, three NOTS points, CSA severity points, and possible civil penalties.
#5 — An Incorrect or Missing CDL Endorsement
CA VC Section 31602 (a) requires a proper endorsement on a CDL when hauling explosives. Failure results in a $4,175 fine, three NOTS points, CSA points, and potential FMCSA civil penalties.
Download our e-book, Protecting Your Commercial Driver License.
Why Drivers Need to Consult One of Bigger & Harman’s Kern County Traffic Attorneys
Facing charges alone can lead to harsh penalties, including jail time.
Many hazardous material violations are "wobblers" or "wobblettes."
“Wobblers can be punishable as either a felony or a misdemeanor and has been referred to as an ‘alternative felony/misdemeanor.’ Whether a wobbler should be treated as a felony, or a misdemeanor is up to a trial court's discretion.”— Cornell Law School Legal Information Institute (LII) WEX.
Likewise, a wobblette could meet the standard of a misdemeanor, but the severity might only warrant an infraction; once again, at the discretion of the judge and defendant.
Courts may reduce them from misdemeanors to infractions. Having legal representation for hazardous material traffic violations can significantly increase a driver's chance of a favorable outcome.
Bigger & Harman’s Kern County traffic attorneys know how to negotiate reductions and request dismissals.
Protecting your driving record and your livelihood is their priority. When you need help with hazardous material violations in Kern County, they are ready to fight for you.
Contact Bigger & Harman About Legal Representation for Hazardous Material Traffic Violations in Kern County
If you need legal representation for hazardous material traffic violations, call Bigger & Harman at (661) 349-9300— Se habla Español 349-9755.
Use our handy online contact form or email us at attorney@biggerharmanlaw.com.
References:
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
CVC Sections 22406 & 22406.1, Speed Laws.
Cornell Law School LII WEX Definitions: Misdemeanor.