Although every moving violation in a CMV is serious, some require a commercial speeding ticket lawyer for resolution, or the driver could face jail time or probation.
Facing a citation for speeding in a CMV on I-5, can be a stressful moment. We understand the high stakes involved when your driving career depends on a clean record. Our firm is here to help navigate the traffic court procedures in Woodland, CA.
The True Cost of Speeding in a CMV on I-5
California enforces a strict 55-mph limit for most large commercial vehicles with three or more axles.
When a driver is cited for speeding in a CMV, the financial impact is only the beginning. Fines often range from $238 to $800 for a minor infraction of speeding less than 15mph, but the long-term costs are much higher.
Convictions for misdemeanor speeding in a CMV can result in a fine of around $1,000, with the state and local assessments and surcharges, the driver could end up paying more than three or four times that.
However, regardless of the fine amount, a misdemeanor conviction could damage the driver’s reputation. It is a criminal offense.
The CA DMV assesses 1.5 NOTS points to the driver’s CA motor vehicle driving record (MVR). The DMV then reports these points to the FMCSA.
This process also triggers two CSA severity points on the driver’s PSP, which is subsequently added to the carrier's SMS percentile.
A recent change to the FMCSA rules assesses two severity points for Out-of-Service (OOS) Orders and serious and major offenses. These marks make it difficult to secure or maintain a good driving job.
Why the FMCSA Considers Excessive Speeding a "Serious Offense"
The FMCSA is very clear about safety categories for professional drivers. They classify "excessive speeding" 15 mph or more over the limit, as a "serious offense."
In California, this level of speeding over the statewide 55-mph limit for commercial vehicles is also considered a misdemeanor.
“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) WEX Definitions: Misdemeanor.
However, most CA Superior Court judges do not want to send a commercial driver to jail or destroy their reputation with probation. That’s where we come in. We provide them with a solid alternative that keeps the driver on the road and provides money for the county’s treasury.
We are often able to negotiate a reduced charge with a fine only. Therefore, it might cost the driver more upfront, but it avoids a notification being sent to the FMCSA.
A second conviction for a "serious offense" within three years leads to a 60-day driver disqualification from the FMCSA. This could mean the driver cannot work, which puts their entire income at risk. It definitely prevents them from transporting cargo outside of CA, with or without a restricted license.
Protecting your PSP is vital because fleet managers review these records before hiring. There is perhaps no better negotiating chip for a commercial driver than a clean driving record and PSP.
Strategic Defense in Yolo County Traffic Court
We focus on helping the driver avoid these career-ending penalties.
A commercial speeding ticket lawyer from our firm can appear in Woodland, CA, so the driver stays on the road. We carefully review the officer's evidence for any technical errors and review calibration records for speed measurement devices.
Our team might challenge the calibration of the radar or lidar devices used. We also look for inconsistent statements in the ticketing officer’s notes. By raising a reasonable doubt, we seek a possible dismissal or a reduced charge to protect the driver's reputation.
Ask a Commercial Speeding Ticket Lawyer About Speeding in a CMV
If a driver receives a ticket near Woodland, CA, they should consult a commercial speeding ticket lawyer immediately.
Call our firm, Bigger & Harman, at (661) 349-9300 for a free consultation.
We have assisted CA drivers with more than 30,000 CA traffic tickets, and hundreds of those were commercial drivers.
We know the specific procedures at the Woodland Courthouse in Yolo County, CA. We work hard to prevent a conviction. If there are no points, the DMV does not notify the FMCSA.
Paying the fine is an admission of guilt. The record of admission stays on the driver’s MVR and PSP for up to 3 years.
Contact us today to discuss your legal options and protect your future. You can also email us at attorney@biggerharmanlaw.com or use our secure website contact form. Call 859-1177 para Español.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: How many CSA points are assessed for a “serious offense?”
A: A coming change to the FMCSA rules calls for the assessment of two severity points for Out-of-Service (OOS) Orders and serious and major offenses. All other moving violations require a one point assessment. This change should go into effect soon.
Q: Isn’t it easier just to pay the fine for speeding in a CMV?
A: Paying the fine is a guilty plea. Although paying the fine is the easiest method of resolving a speeding ticket, it results in 1.5 NOTS points and an FMCSA notification, which will likely affect the driver's employability and their ability to negotiate a higher wage or better benefits.
Q: Will I have to appear in Yolo County traffic court personally?
A: Our commercial speeding ticket lawyers can appear on behalf of the commercial driver to resolve a speeding in a CMV ticket. This allows the driver to keep hauling freight without missing work to provide for their families.
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 Cornell Law School LII WEX Definitions: Misdemeanor.