Disputing a commercial speeding ticket for a commercial driver’s license (CDL) holder is crucial.
The DMV is notified of any moving violation conviction. They will then assess negligent operator treatment system (NOTS) points and notify the DOT FMCSA of a CDL holder’s traffic violation, other than a no-point violation.
However, when that speeding ticket is a violation of the traffic code Section 22406.1, which makes speeding 15 or more mph over the mandated 55-mph speed limit for commercial vehicles, it becomes a misdemeanor offense. You need a traffic attorney with courtroom experience.
Let’s take a closer look at why this offense could be a career stopper if convicted.
Understanding Commercial Speeding in Fresno, CA
Commercial drivers on I-5 near Fresno often do not realize that California enforces a strict 55 mph statewide speed limit for commercial vehicles.
Exceeding that limit by 15 mph or more can result in a misdemeanor offense under California Vehicle Code (VC) 22406.1.
That means if you’re clocked at 70 mph in your truck and ticketed for the misdemeanor charge, it’s not just a minor infraction—it’s a criminal charge that can follow you long after the ticket is paid.
Why Misdemeanor Speeding Matters to CDL Holders
A conviction for misdemeanor speeding is more than a fine. The driver will have a criminal record, with potential jail time or probation, and a $1,000 “base fine,” which, when the state and county surcharges, penalties, and assessments are added, could exceed $3,000. The DMV will also add 1.5 NOTS points to your record.
Those points will stay on your CA motor vehicle record, and the conviction will be reported to the DOT FMCSA.
It will appear on your PSP record for up to three years. The FMCSA classifies this violation as “excessive speeding,” a serious offense, and a second conviction within three years will initiate a 60-day driver disqualification.
Common Mistakes Drivers Make After Getting a Ticket
Many drivers panic and try to explain their situation to the CHP officer on the side of the freeway.
Unfortunately, that often leads to self-incrimination. It’s best to remain calm, sign the ticket, and speak with a traffic attorney before making any statements to law enforcement or officers of the court.
We’ve helped countless drivers in Fresno County who were cited for commercial speeding on I-5.
When Commercial Speeding Becomes a Misdemeanor Offense
California’s traffic laws are among the toughest in the nation for commercial drivers. In neighboring states, 70 mph may be legal for truckers—but not in California.
The law allows prosecutors to charge a commercial driver with a misdemeanor when the speed exceeds 15 mph over 55 mph.
How a Fresno Traffic Attorney Can Help
We understand how devastating it can be for a driver supporting their family to face a misdemeanor offense. At Bigger & Harman, APC, we’ve defended thousands of commercial drivers with speeding tickets across California.
Our team can appear in court on your behalf, present evidence, and challenge the validity of the RADAR or LIDAR reading. We can often get charges reduced to non-moving violations or dismissed entirely.
When you’re passing through Fresno or driving the I-5 corridor, remember: a single ticket doesn’t have to end your career—but ignoring it might.
Consult Bigger & Harman, APC, About a Commercial Speeding Ticket in Fresno, CA
If you’re considering disputing a commercial speeding ticket in Fresno, CA, reach out to Bigger & Harman, APC. We focus on helping CDL holders protect their record and their future.
We’ve handled more than 30,000 traffic cases across California, including many for commercial drivers cited in Fresno County. Our reputation and experience in local courts give us an edge in negotiating fair outcomes.
Call Bigger & Harman at (661) 349-9300 or 349-9755 (se habla Español) for a free consultation. You can also email us at attorney@biggerharmanlaw.com or fill out our online contact form. We’re here to help you fight back.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: When is commercial speeding a misdemeanor offense in California?
A: Driving 15 mph or more over the 55 mph commercial limit could be charged as a misdemeanor offense. Check your ticket. If the “M” is circled, the law enforcement officer has charged you with a misdemeanor.
Q: Can a traffic attorney really get my ticket dismissed?
A: Although there are no guarantees, we have requested and been granted many dismissals, gotten many misdemeanor charges reduced to infractions, and negotiated no-point convictions with a fine only.
Q: How does a commercial speeding conviction affect my CDL?
A: The state is obligated to report to the FMCSA, and your PSP record can show the violation for up to three years.
References:
CA VC Sections 22406 & 22406.1, Speed Laws.
The Cornell Law School LII WEX Definitions: Misdemeanor.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.