The number of commercial vehicle misdemeanor speeding tickets issued on I-5 in Fresno County, CA, is increasing.
Those commercial drivers going to or coming from Los Angeles or Long Beach Ports need to know the risks and consequences of these tickets.
Key Facts About Commercial Vehicle Misdemeanor Speeding
Here are seven crucial facts about commercial vehicle misdemeanor speeding violations:
It applies only to commercial vehicles defined under CA Vehicle Code (VC) Section 22406.
It applies when a commercial vehicle exceeds 14 mph over the authorized limit.
A conviction is a misdemeanor crime.
A conviction is a DOT FMCSA “serious offense.” A second conviction results in a minimum 60-day driver’s disqualification.
The citation should list CA VC 22406.1 and have the “M” for misdemeanor circled. However, errors on the ticket won’t guarantee a dismissal.
You have the right to remain silent. We highly recommend using it.
The fine starts at $1,000 but increases with added surcharges, penalties, and assessments.
Which Vehicles Are Affected?
CA VC 22406 restricts the speed of the following commercial vehicles:
“Motortrucks or truck tractors with three or more axles
Passenger vehicles or buses towing another vehicle
School buses transporting students
Farm labor vehicles carrying passengers
Vehicles transporting explosives
Trailer buses”
Other commercial vehicles, such as rental trucks, may also qualify under this law. If ticketed, consult a traffic attorney before making any statements.
The Consequences of a Misdemeanor Conviction
A misdemeanor conviction means a criminal record.
According to Cornell Law School’s Legal Information Institute (LII), “A misdemeanor is a type of offense punishable under criminal law…typically by less than 12 months in jail.”
Fortunately, many CA Superior Court judges understand that truckers are just doing their jobs.
An experienced traffic attorney can often negotiate a reduction to an infraction and fight the moving violation.
Why You Need a CDL Traffic Attorney
A misdemeanor speeding conviction in a commercial vehicle can lead to serious consequences, including a criminal record and FMCSA penalties.
Hiring a CDL traffic attorney increases your chances of reducing or getting a dismissal of the charges.
Most judges don’t want to impose a criminal record on a trucker delivering goods. A skilled attorney can argue for a reduced charge, keeping your record clean and protecting your CDL.
At a traffic stop, exercise your “right to remain silent. Anything you say can be used against you.”
Sign the ticket and immediately contact a CDL traffic attorney in Fresno County to fight the charge and protect your career.
Contact Bigger & Harman Immediately About a Commercial Vehicle Misdemeanor Speeding Charge in Kern County
If you have been issued a citation for commercial vehicle misdemeanor speeding in Kern County, call us at (661) 349-9300 or 349-9755—Se habla Español.
Although our office is located in Bakersfield, we have trial experience in Delano, Shafter, Lamont, Ridgecrest, and Mojave Courthouses.
Use our handy online contact form or email us at attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DMV Portal CA Commercial Driver Handbook.
CA VC Sections 22406 & 22406.1, Speed Laws.
Cornell Law School LII WEX Definitions: Misdemeanor.