There is only one misdemeanor speeding charge in California. That is for misdemeanor commercial vehicle speeding.
Misdemeanor commercial vehicle speeding is not just a ticket. It’s a criminal offense under California law.
Commercial drivers who exceed the 55 mph limit for commercial motor vehicles (CMV) by 15+ mph risk fines, 1.5 negligent operator treatment system (NOTS) points (nearly halfway to the annual limit of four), probation, or even jail.
Why Misdemeanor CMV Speeding Matters
A regular speeding ticket is an infraction. Misdemeanor commercial vehicle speeding is different. It’s a criminal offense that puts your CDL, reputation, and career in danger.
California Vehicle Code (VC) 22406.1 makes it a misdemeanor when a commercial driver exceeds the statewide commercial vehicle speed limit by 15 mph or more. Convictions carry long-term consequences, including a criminal record.
To be crystal clear:
- A misdemeanor speeding charge applies to 15 mph or more over California’s statewide 55 mph speed limit for commercial vehicles, not just any posted limit.
- So, for example, 55 mph in a 35 mph zone is not a misdemeanor, but 71 mph in a 55 mph commercial zone is.
This clarification is particularly relevant where the speed limit is reduced due to a steep grade, lower limits for descending grades, and such signs may exist in steep or mountainous areas, like Tejon Pass (the Grapevine), Donner Pass (I-80), Conway Summit, and the Sherwin Grade (I-395), for instance.
What Are the Penalties for Misdemeanor Speeding?
The base fine can reach $1,000. With penalties and fees, costs might top $3,000. Courts can impose probation for two years or up to 180 days in jail. Jail is rare, but probation is more common.
Convictions also add 1.5 NOTS points. Once reported to the DMV, FMCSA gets notified. That can damage a driver’s PSP record and affect CSA severity points.
LEOs Cracking Down on Highway #166
Truckers often get stopped for speeding by the CHP on Highway #166 near Santa Maria.
Drivers from Arizona or Mexico may not be aware that California enforces a strict 55 mph limit for CMVs. Exceeding that by 15 mph or more could lead to a misdemeanor charge.
At night, LEOs target big rigs that exceed speed limits while driving uphill or downhill. These stops often lead to citations that could cost a driver their job.
Consequences Beyond the Courtroom
A conviction is more than fines or probation. FMCSA considers this a “serious offense.” A second conviction within three years can trigger a driver disqualification.
Fleet managers monitor CSA scores closely. Even one moving violation could cause a carrier to reevaluate employment. Termination is a real risk if fleet insurance premiums rise due to repeated violations.
Why Fighting the Charge Matters
Paying the fine equals a conviction.
That, along with the criminal record, is why it’s crucial to challenge misdemeanor commercial vehicle speeding charges in court with a CDL traffic attorney who has trial experience.
Our law firm knows how the Santa Maria Courthouse operates. We work to reduce charges for infractions or negotiate no-point violations that protect CDL holders from possible career-ending penalties.
Legal Definition of a Misdemeanor
“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.
Consult Bigger & Harman About a Misdemeanor Commercial Vehicle Charge
When you face a misdemeanor commercial vehicle speeding charge, invoke your constitutional right to remain silent, and call Bigger & Harman immediately.
Bigger & Harman regularly defends clients in Santa Maria Courthouse. Call for a free, no-obligation consultation at (661) 349-9300—se habla Español 349-9755.
Use our computer accessible contact form or email us at attorney@biggerharmanlaw.com.
Let us defend your CDL and keep you on the road.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: What is the fine for misdemeanor commercial vehicle speeding?
A: Although the VC states, "not to exceed $1,000," with county and state surcharges, assessments, and penalties, costs may exceed $3,000.
Q: Will I go to jail if convicted of this charge?
A: Jail is rare. Many drivers without a traffic attorney with trial experience receive probation— the risk is real.
Q: How does a second conviction affect CDL holders?
A: A second conviction within three years can trigger a FMCSA disqualification of 60 days minimum.
References:
The DMV Portal CA Commercial Driver Handbook.
CA VC Sections 22406 & 22406.1, Speed Laws.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.