A commercial ticket for misdemeanor speeding can shock even experienced CDL drivers. We see this often with drivers unfamiliar with California’s strict commercial speed laws.
Truck drivers call us confused, frustrated, and worried about their future—that reaction makes sense, especially near Truckee, CA.
Understanding a Commercial Ticket for Misdemeanor Speeding in California
Many drivers ask what makes this speeding charge different. California treats this offense as a criminal matter, not a simple infraction.
CA Vehicle Code (VC) Section 22406.1 states:
“A person who operates a commercial motor vehicle, as defined in subdivision (b) of Section 15210, 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.”
This is the only misdemeanor speeding charge in California. That distinction carries serious legal consequences, including possible jail time or probation and a large fine.
Excessive speeding, 15 or more mph over the speed limit is also a “serious offense” at the FMCSA, which could lead to a driver disqualification.
Why Misdemeanor Speeding Matters for CDL Holders
A conviction goes far beyond the fine—it threatens a driver’s record, income, and professional driving future.
Cornell Law School defines a misdemeanor clearly:
“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.”
That criminal classification creates long-term consequences, and the DMV’s mandatory notification to the FMCSA reporting makes matters worse.
Why the Speed Differential on I-80 Near Truckee Creates Confusion
I-80 crosses the Sierra Nevada through Donner Pass, just west of Truckee. This corridor is heavily enforced by CHP.
Truckers legally drive 70 or 75 mph in Nevada—crossing into California changes everything. Suddenly, the speed limit for commercial drivers is 55 mph or less.
That speed differential feeds cases into the Truckee Courthouse. Many drivers never realize they crossed the threshold into a misdemeanor offense.
What Happens After a Misdemeanor Speeding Stop
A commercial ticket for misdemeanor speeding triggers multiple consequences. The damage extends beyond traffic court and the massive fine.
Drivers may face:
- Criminal misdemeanor charges
- Fines exceeding $3,000 with penalties
- Probation or potential jail time
- 1.5 NOTS points
- FMCSA “serious offense” classification
- PSP record impact for up to three years
A second conviction within three years risks a driver disqualification by the FMCSA. That ban can last 60 days or longer—repeated offenses could result in a lifetime ban from driving a commercial vehicle outside of California.
Can a Commercial Misdemeanor Speeding Charge Be Reduced to an Infraction?
Commercial drivers frequently ask us this question—the answer is often yes.
California Superior Court judges have the discretion to reduce the patrol officer’s assessment that the offense meets the elements of a misdemeanor crime.
This is a legal technicality known as a wobbler or wobblette. A wobbler could be either a felony or a misdemeanor, and a wobblette could be either a misdemeanor or an infraction.
We are often able to persuade the judge or Prosecutor that the offense doesn’t rise to the level of a misdemeanor, as the speed limit in that area was downgraded from 55 to 35 mph due to the grade or other road conditions.
The officer was misinformed about identifying it as a misdemeanor classification.
Reduced speed zones do not qualify under VC 22406.1. The judge can arbitrarily downgrade the charge to an infraction base on the traffic ticket attorney correct observation.
Misdemeanor cases are aggressively prosecuted, and the District Attorney will likely ensure that the ticketing officer attends the trial. If they’re not there for trial, we can ask for a dismissal based on your Constitutional right to face your accuser.
These and other possibilities are why it is crucial to consult an experienced commercial speeding ticket attorney immediately.
“Highly recommended!! Great value and excellent customer service! They helped me with my misdemeanor commercial ticket and were able to get it completely dismissed. From the start they were easy to work with. I provided them all the necessary information and they took care of the rest to include appearing in court. Thank you again!!”—Phil M., San Diego, CA.
Ask Bigger & Harman About a Commercial Ticket for Misdemeanor Speeding Near Truckee, CA
If you’re cited with a commercial ticket for misdemeanor speeding around Truckee in Nevada County, CA, contact us at (661) 349-9300 or 859-1177 para Español.
Bigger & Harman regularly defends clients in the Nevada City and Truckee Courthouse in Nevada County, CA. Call for a free consultation.
You can also email attorney@biggerharmanlaw.com or use our website's contact form for a free initial consultation.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: Is a commercial ticket for misdemeanor speeding a criminal offense?
A: Speeding 15 or more mph over the statewide 55-mph speed limit is California’s only criminal speeding offense vehicle code.
Q: Can this charge impact my CDL and PSP record?
A: Misdemeanor speeding convictions trigger FMCSA reporting and a “serious offense” classification that will impact your PSP for up to three years.
Q: Why are these misdemeanor speeding tickets common on I-80 near Truckee?
A: The speed limits drop sharply from 70 or 75 mph in Nevada to 55 mph on I-80 and across California.
References:
CA VC Sections 22406 & 22406.1, Speed Laws.
The DMV Portal CA Commercial Driver Handbook.
The Cornell Law School LII WEX Definitions: Misdemeanor.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.