Don’t let this be your story about misdemeanor speeding in a commercial motor vehicle (CMV).
Knowing the penalties and legal options gives you an edge when disputing this criminal charge, which is also a “serious offense” at the FMCSA, which could result in a 60-day driver’s disqualification.
NOTE: While parts of this story have been fictionalized for brevity and clarity, the traffic law details, as well as California and FMCSA penalties for misdemeanor speeding in a CMV, remain accurate. Could this be your story?
The nearly 2,000 miles of driving from Chicago are behind you. You’re starting to look forward to dropping your cargo at the port in Oakland and spending some time with the family. You’re coming up on Roseville, California, on I-80, headed toward Sacramento, when you see the flashing lights behind you.
Looking down, you see that you’re doing around 70 mph. You recall seeing the 70 mph speed limit sign a few miles back and wonder what the issue is while your four-wheeled counterparts fly by at 85 or 90 mph.
The CHP officer says he pulled you over for speeding and asked, “Do you know how fast you were going?”
You remember reading somewhere that most convictions for traffic violations begin with the driver admitting guilt on the side of the road while explaining their situation to the ticketing officer, so you decide to invoke your “right to remain silent.”
You sign the ticket with the “M” circled that says, violation of CA Vehicle Code (VC) 22406.1, misdemeanor speeding in a CMV, 72 MPH in a 55 mph zone. Seventeen mph over the statewide 55 mph speed limit for commercial vehicles.
California Has Stricter Traffic Laws for Truckers Than in Most Other States
California has stricter commercial driving laws than most other states in the USA.
Driving 70 or more in a CMV—although legal in some of our neighbor states—is a misdemeanor violation here if the state chooses to charge it that way.
Commercial drivers crossing the Sierra Madre Mountain Range from Nevada on I-80 are often unaware of the differential speed limit drop to 55 mph. Many find themselves accepting a ticket they can’t afford and didn’t expect in Truckee or Roseville.
What’s more, it’s a threat to their driving career.
Who Should I Call About Misdemeanor Speeding in a CMV in Roseville, CA?
At the dock, one of the other drivers said you should call Bigger & Harman, the commercial speeding ticket lawyers from Bakersfield. They offer a complimentary initial consultation via phone, email, or in-person meetings.
He said they’ve helped many other commercial drivers, and I was able to find them on Yelp.
A misdemeanor conviction could mean a criminal record, jail time or probation, a $1,000 fine, and 1.5 NOTS points that put me 2.5 away from a driver’s license suspension in California.
Furthermore, the CA DMV will notify the DOT FMCSA of my conviction, which they will add to my Pre-employment Screening Program (PSP) record for up to three years. A second serious offense within three years means a minimum driver’s disqualification of 60 days.
Although my situation might not align with yours, I would recommend taking advantage of the free consultation and hiring them to dispute your case in court, especially if it’s for misdemeanor speeding in a CMV.
By the way, they reduced my ticket to a non-moving violation, which likely saved me thousands of dollars, a criminal record in California, and an “excessive speeding” serious offense at the FMCSA—no NOTS points, nor CSA severity points. Thanks, Bigger & Harman.
As noted, this was a fictitious scenario, but not unlike many of the cases we have accepted to assist a commercial driver dispute misdemeanor speeding in a CMV. Don’t go it alone.
Consult Bigger & Harman About Misdemeanor Speeding in a CMV
If you’re ticketed for misdemeanor speeding in a CMV on I-80 in Roseville, CA, contact us at (661) 349-9300 or 349-9755 (se habla Español).
Bigger & Harman regularly defends commercial driver clients in the Placer County Courthouse. Call for a free consultation.
You can also email attorney@biggerharmanlaw.com or use our website's contact form for a free initial consultation.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: When is speeding in a CMV a misdemeanor vs. an infraction in California?
A: Misdemeanor speeding in a CMV occurs when a vehicle subject to CA Vehicle Code (VC) Section 22406—such as a tractor-trailer or certain buses—travels 15 mph or more over the statewide 55 mph commercial vehicle speed limit. For example, going 70 mph in a CMV where the limit is 55 qualifies as a misdemeanor under VC §22406.1. However, driving 15 mph or more over a posted limit under Vehicle Code 22406(a) is an infraction but could still be considered a “serious offense” by the FMCSA. Traffic attorneys should be aware of these parameters and adept at negotiating a plea deal that avoids the excessive speeding language that could cause a driver disqualification.
Q: What are the penalties for misdemeanor speeding in a CMV?
A: A conviction for misdemeanor speeding in a CMV can result in a criminal record, up to 90 days in county jail, fines of more than $1,000, and 1.5 NOTS points on your California MVR. The DMV will also report the conviction to the FMCSA, which will classify it as a “serious offense.” A second serious offense within three years can result in a minimum 60-day driver disqualification, potentially jeopardizing your CDL and career.
Q: What legal options do I have if I’m cited for VC §22406.1 near Roseville, CA?
A: First, avoid admitting guilt at the roadside. Signing the ticket is not an admission—it’s simply a promise to appear. Then, contact an experienced CDL traffic attorney who can evaluate the stop, the accuracy of the speed measurement, and other case details. Bigger & Harman aims to negotiate for a charge that is better for your record. Obviously, a dismissal would be best, but a non-point violation, or a reduction to an infraction would also be a great outcome. Particularly if we can avoid CSA severity points, andprevent an FMCSA “serious offense” record.
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 DMV Portal CA Commercial Driver Handbook.
The Cornell Law School LII WEX Definitions: Misdemeanor.