Facing misdemeanor speeding in a CMV is a serious matter for any driver.
A CDL speeding ticket attorney can provide you with the best options for your defense for these high-stakes cases.
We understand the unique pressures of hauling freight and passengers through San Bernardino County.
Strict Speed Laws on I-15 in Victorville, CA
California law is strict regarding commercial vehicle speeds on the I-15.
Most commercial vehicles regulated by CA Vehicle Code (VC) Section 22406 must adhere to a 55-mph limit across the state. Law enforcement monitors the stretch near the Victorville Walmart for speeders. Exceeding this limit by 15 mph or more moves the case to criminal court if charged as a VC 22406.1.
The driver then faces a misdemeanor charge instead of a simple infraction. As stated in CA VC Section 22406.1:
"(a) A person who operates a commercial motor vehicle, as defined in subdivision (b) of Section 22406, Speed Laws, upon a highway at a speed exceeding a posted speed limit established under this code by 15 miles per hour or more, is guilty of a misdemeanor."
Therefore, commercial drivers must hire a CDL speeding ticket attorney with trial experience. Our intent is not to go to trial but negotiate a reduced charge. However, frequently, attorneys with a solid reputation for “winning” have better odds of negotiating a lesser offense.
A CA judge has the discretion to reduce a misdemeanor charge to an infraction when, in their opinion, the driving behavior does not meet the intent of a misdemeanor. This legal technicality is known as a “wobbler.”
“A wobbler is a special class of crimes involving conduct that varies widely in its level of seriousness. Wobbler statutes cover a wide range of offenses that give the judge discretion to consider the lower offense.”—Cornell Law School Legal Information Institute (LII) WEX Definition—Wobbler.
Therefore, a knowledgeable and experienced CDL speeding ticket lawyer might ask a judge to reduce the misdemeanor charge to an infraction. Although there are no guarantees about how a judge will rule, they typically won’t do this without a defense attorney’s request.
The Real Danger of a Criminal Conviction
A conviction for misdemeanor speeding in a CMV carries very harsh penalties.
The driver could face from five days to 90 days in the San Bernardino County jail, though probation is more likely.
Fines often reach $3,000 after the court adds various state and local surcharges. This conviction results in a criminal record for the driver, which could permanently damage the driver’s reputation.
The FMCSA labels “excessive speeding” as a "serious offense." A second conviction within three years triggers a 60-day driver disqualification. A third conviction results in a 120-day ban from the road. Subsequent convictions can effectively end a professional driving career.
Defending Your Career in Victorville Traffic Court
A CDL speeding ticket attorney knows how to challenge these specific charges.
We often examine the calibration logs of the speed measurement devices used on I-15. Our team also looks for errors in the officer's training records or conflicting statements. We work to find any technicality that might lead to a dismissal.
Our firm focuses on keeping the DMV’s 1.5 NOTS points off the driver's record. We also strive to protect the driver's PSP and overall safety rating. Our goal is to prevent an allegation from becoming a conviction. This result could help the driver stay employed and avoid a criminal record.
Consult Bigger & Harman, the CDL Speeding Ticket Attorneys, About Misdemeanor Speeding in a CMV
Drivers should consult a CDL speeding ticket attorney before making any statements. Anything the driver says to the officer can be used in court.
When you’ve been cited for misdemeanor speeding in a CMV, you need a CDL speeding ticket attorney with trial experience. Call Bigger & Harman, APC at (661) 349-9300 or 859-1177, para Español.
You can also email us at attorney@biggerharmanlaw.com or use our website contact form.
Speeding violations that used to be resolved in Barstow, CA, are now handled in either Needles or Victorville. Most of the traffic tickets on I-15 are resolved in the Victorville Courthouse.
Bigger & Harman regularly defends clients in Victorville Courthouse in San Bernardino County, CA. Call for a free, no-obligation consultation. We have resolved over 30,000 traffic tickets for California drivers over the past decade.
We are ready to help you fight for your driving future.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: What is considered misdemeanor speeding in a CMV in California?
A: Only commercial drivers in a CMV face misdemeanor charges for speeding 15 or more mph over the statewide commercial speed limit. A conviction for misdemeanor speeding in a CMV results in a criminal record.
Q: How does a conviction for misdemeanor speeding in a CMV affect my PSP?
A: The FMCSA classifies an “excessive speeding” conviction as a "serious offense" safety violation. It adds points to the driver’s record that remain visible to fleet managers for three years. Avoiding a conviction for misdemeanor speeding in a CMV could be essential to staying employable. A second conviction within three years will result in an FMCSA driver disqualification.
Q: Can a CDL speeding ticket attorney get these charges reduced?
A: Yes, although there are no guarantees, a CDL speeding ticket attorney can often negotiate a reduction from a misdemeanor to an infraction. This technicality is often referred to in legal terms as a “wobbler” offense, between a felony and a misdemeanor, and a misdemeanor and an infraction.
References:
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The Cornell Law School LII WEX Definitions: Wobbler.