The answer to the question When is commercial vehicle speeding a criminal offense is when a commercial driver is convicted of speeding 15 mph or more over the statewide limit set by CA Vehicle Code (VC) Section 22406, Speed Laws.
Sometimes an officer might write you up for an infraction even though your speed is 15 MPH over the limit.
However, it might still be a “serious offense” at the DOT FMCSA, which could lead to a minimum 60-day driver’s disqualification if you receive two offenses in a three year period.
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If you exceed the limit by 15 mph or more in a commercial motor vehicle (CMV), you could face a misdemeanor chargeunder CA Vehicle Code (VC) Section 22406.1. This offense carries severe penalties, including possible jail time or probation, significant fines, and a criminal record.
Penalties for Misdemeanor Speeding in a CMV
The consequences of a misdemeanor speeding conviction are serious.
The “base fine” can be as high as $1,000. After surcharges, penalties, and assessments, the total cost can exceed $3,000.
Although jail time of up to 180 days is possible, an experienced attorney can almost always help you avoid that outcome.
A conviction will also result in 1.5 negligent operator treatment system (NOTS) points on your driving record. The DMV then reports these points to the DOT FMCSA, which can impact your CDL and job opportunities.
Excessive speeding is considered a “serious offense” by the FMCSA, and repeated violations could lead to disqualification.
If you’re cited for misdemeanor speeding in a CMV on I-15 near Victorville, your career may be at risk. A skilled CDL traffic attorney can help protect your wallet and your livelihood.
Why CMV Speeding Misdemeanors Are Different
Cornell Law School defines a misdemeanor as:
"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).
In California, commercial vehicle speeding 15 mph or more over the statewide limit is a misdemeanor. This level of speeding in a CMV is a crime, not just a traffic infraction.
That means you could face jail time, probation, and higher fines. Because the penalties are so severe, legal representation is essential.
Talk to a San Bernardino County, CA, Commercial Vehicle Speeding Ticket Lawyer
If you’ve been charged with misdemeanor speeding, hiring a traffic attorney is crucial.
Unlike a standard speeding ticket, this charge can lead to a criminal record and possible jail time. An experienced Victorville CDL traffic attorney may be able to negotiate a reduction to an infraction, a no-point conviction, or a dismissal when circumstances dictate.
With your CDL and career on the line, don’t take chances.
Protect your driving career and future by hiring a knowledgeable attorney who regularly appears in Victorville Superior Court.
Ask Bigger & Harman When Is Commercial Vehicle Speeding a Criminal Offense in Victorville, CA?
When you face misdemeanor charges of commercial vehicle speeding, 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.
Cornell Law School LII WEX Definitions: Misdemeanor.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.