The process of how to fight a commercial vehicle speeding ticket should begin with an initial consultation with a California traffic attorney.
A commercial speeding ticket attorney can examine the circumstances surrounding your ticket and let you know if fighting your ticket is wise.
However, it is almost always advisable to contest the ticket with a traffic attorney rather than pay the fine, given the potential consequences.
Traffic attorneys spend more work days in traffic court than out. They know what is going on because they hear how the judge is ruling and what sort of arguments are being made not only on their cases, but the cases called while they are waiting to be heard. Although the ruling’s results may not directly pertain to their case, they may still be helpful in favorably resolving a future case.
During these times, an attorney becomes familiar with how various judges rule, which law enforcement officers (LEOs) attend trials and how they present themselves, which judges are open to reduced or no-point plea deals, and other key factors.
Quite frequently, the best result we can get for a commercial driver is a no-point conviction. But in places like Fresno, the only way to keep a point off a commercial drivers record for a violation in their CMV, is to get a dismissal.
Moving violations can negatively impact a commercial driver’s Pre-employment Screening Program (PSP) record for up to three years.
Even a minor infraction for a moving violation can affect a driver’s ability to negotiate pay and benefits with their current and future trucking firms.
Therefore, despite it being cheaper to pay the fine, hiring a traffic attorney to fight a commercial vehicle speeding ticket could be the better alternative long term.
Download our e-book, Protecting Your Commercial Driver License.
How a Commercial Vehicle Speeding Ticket Can Affect Your Driving Career
When you pay the fine for a commercial vehicle speeding ticket, you are pleading guilty to a moving violation in your CMV.
After a paid fine or conviction, the DMV will assess Negligent Operator Treatment System (NOTS) points to your motor vehicle driving record (MVR) in California, and notify the DOT FMCSA.
Once the FMCSA receives notice, it will assess the Compliance, Safety, and Accountability (CSA) severity points and apply the appropriate time-weighted multiple.
The record of conviction is placed in the driver’s PSP for three years and the carrier’s record for two years.
These totals affect the carrier’s Safety Measurement System (SMS) percentile, which many fleet insurers use to determine premiums. A carrier with a percentile between 50 and 100 receives increased scrutiny from the FMCSA in the form of interventions, such as more roadside inspections and policy and procedure inspections at HQs.
All vehicles using the DOT number of a fleet with a percentile of 75 to 100 are flagged for inspections at weigh stations across North America.
These additional inspections cause delays and frustration for both the driver and the fleet manager.
Many fleet managers will terminate the driver with the most recent moving violations, which can cause their fleet insurance premiums to rise. They can hire a recent driving school graduate and save on premiums.
According to DOT FMCSA 49 CFR Part 383.31, Paragraph 6.2.7, commercial drivers must notify their employer of traffic violation convictions within thirty days, regardless of the location or whether the violation occurred in their DMV or privately-owned vehicle.
What’s more, “excessive speeding,” 15 mph over the speed limit or any speeding in a construction zone, is a serious offense.
A second conviction within three years will result in a 60-day disqualification, and subsequent convictions will increase the disqualification period.
Too many convictions will result in a lifetime ban from commercial driving.
Hiring a CA Traffic Attorney to Fight a Commercial Vehicle Speeding Ticket
Commercial vehicle speeding ticket attorneys are familiar with where a non point deal is possible. In Fresno, the answer is “no.” So the only way to avoid the point is to get a dismissal in the Fresno County Courthouse.
A traffic attorney can do all of the following for you:
Process the required paperwork
Request for dismissal
Subpoena speed measurement device calibration records
Subpoena LEO training records on the speed measurement device used
Represent you at an arraignment and trial so that you can keep driving and earning
The best way to determine what we can do for you is to ask during a free initial consultation.
Take advantage of our free consultation to determine how fighting your commercial vehicle speeding ticket can benefit you and protect your CDL.
Consult with Bigger & Harman, APC, about a Commercial Vehicle Speeding Ticket
If you need to fight a commercial vehicle speeding ticket in Fresno Courthouse, 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 today.
❓ Frequently Asked Questions (FAQ) Section
Q: What are the consequences of a commercial vehicle speeding ticket for a CDL holder?
A: The fine is typically between $238 and $800. However, the fine is just beginning. It is usually wise to fight a commercial vehicle speeding ticket with the help of a CA speeding ticket attorney. Other consequences include:
1.5 NOTS points on your CA MVR
CSA severity points from FMCSA, which remain on your PSP for up to three years
A 60-day disqualification for a second excessive speeding offense (15+ mph over the limit)
Q: Does a paid fine for a commercial vehicle speeding ticket affect my carrier?
A: Yes, each moving violation conviction is assessed CSA points and time-weight multiples, which affect their SMS percentile. Many fleet insurance providers use that percentile to determine their premiums.
Q: Will a commercial vehicle speeding ticket show up on my PSP?
A: Yes, but only if you’re convicted or pay the fine without contesting it. Employers use your PSP to evaluate your driving history, and having a speeding conviction can affect your job opportunities and ability to negotiate pay and benefits, especially with larger, high-paying carriers.
References:
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DOT FMCSA 49 CFR Part 383.31, Paragraph 6.2.7, Notification of Convictions for Driver Violations.
CA VC Sections 22406 & 22406.1, Speed Laws.
The CA DMV Employer Pull Notice (EPN) Program.
The DMV Portal CA Commercial Driver Handbook.