Facing Misdemeanor Speeding in a CMV Charges in San Bernardino County, CA

Driving a CMV through Barstow or Victorville, CA, on I-15 is demanding even for the seasoned commercial driver. The statewide speed limit for trucks is 55 mph. Exceeding this by 15 mph is a misdemeanor offense in CA, and a serious offense at the DOT FMCSA.

A CDL speeding ticket lawyer helps ticketed drivers from I-15 around Barstow or Victorville, CA. Local courts handle these high-speed cases strictly. You must consult a CA traffic attorney to protect your driving record immediately.

The Reality of Misdemeanor Speeding in a CMV

CA VC 22406, Speed Laws, establishes the commercial speed limit in California. Violating this by 15 mph is often a misdemeanor. A conviction for this charge carries potential jail time and or probation, a massive fine, and could negatively impact your driving career for years.

A conviction can lead to 90 days in jail. You might also face three years of probation. San Bernardino County, CA, judges apply heavy penalties for this dangerous driving behavior.

We understand that it could be easy to exceed the commercial speed limit by 15 or more mph, with noncommercial drivers whizzing by going 85 or 90, especially those drivers coming from Nevada, where the speed limit is much higher than the CA 55 mph.

Financial Costs of a Speeding Conviction

Whereas standard speeding infractions cost noncommercial drivers between $238 and $490 and one NOTS point, commercial driver fines range between $336 and $800, and the DMV assesses 1.5 NOTS points.

Misdemeanor speeding in a CMV is much more expensive. The base fine is up to $1,000.A CDL speeding ticket lawyer navigates these charges and can often negotiate a reduced speed. 

“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).  

California judges and prosecutors are not quick to send a commercial driver delivering America’s goods to jail. They often agree with traffic ticket defense attorneys who propose a reduced charge with a higher initial fine that keeps them behind the wheel and working to support their families. 

How Serious Offenses Impact Your Career

The FMCSA labels 15 mph over as “excessive speeding,” which is a serious offense. A second conviction within thirty-six months triggers a 60-day disqualification. Your livelihood depends on a clean record.

Subsequent convictions lead to longer disqualification periods. Multiple serious offenses cause a lifetime ban. Your interstate driving career could be over.

Interacting with the CHP after a Stop 

Minimize your discussion with the CHP after a stop. Do not admit to a specific speed. Always sign the ticket as required. In fact, it is best to invoke your “right to remain silent” and resist further statements without an attorney present. 

Remember that many CHP and law enforcement officers in CA now wear a body cam and they can show that to the judge if you incriminate yourself during the stop. 

A misdemeanor speeding in a CMV is not an infraction, and “anything you say can and will be used against you in a court of law.”

Signing the ticket is not an admission of guilt. It is only a promise to appear. Contact a CDL speeding ticket lawyer quickly.

Contact Bigger & Harman, the Speeding Ticket Lawyers for a Misdemeanor Speeding in a CMV Charge

Avoid self-incrimination by remaining polite but silent. A traffic ticket defense attorney can evaluate possible alternatives and estimate possible results. 

Email us at attorney@biggerharmanlaw.com, or use our secure website contact form.

Bigger & Harman regularly defends clients in the San Bernardino County Courthouse in Needles or Victorville, CA. Call for a free, no-obligation consultation about a commercial vehicle lane violation at (661) 367-8232—se habla Español.

Download our e-book, Protecting Your Commercial Driver License.

❓ Frequently Asked Questions (FAQ) Section

Q: What are the penalties for misdemeanor speeding in a CMV?

A: If convicted for speeding 15 or more mph over the CA commercial vehicle speed limit, the driver can be sentenced to five to 90 days in the county jail, or up to three years’ probation, the fine could exceed $3,000 with penalties and assessments, the DMV will assess 1.5 NOTS points, just 2.5 points from a possible six-month license suspension. Then, the DMV could also notify the FMCSA of their conviction.    

Q: Can a CDL speeding ticket lawyer help avoid a driver disqualification?

A: Yes, the best method of avoiding a second conviction is to prevent the first. A CA traffic ticket defense attorney can negotiate alternate charges with the court. 

Q: Does a CDL speeding ticket lawyer guarantee a win?

A: No, any attorney who guarantees a dismissal is not acting ethically, and could face discipline from the California Bar.Although we can negotiate with the court for a lesser charge or request a dismissal when appropriate, only the judge can grant a dismissal.

References:

CA VC Sections 22406 & 22406.1, Speed Laws.

The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.