5 Things Commercial Truck Drivers Need to Know About California Misdemeanor Traffic Tickets

In California, a commercial driver (with a CDL) traveling 15 mph or more over the speed limit can be charged with a misdemeanor ((CVC 22406.1). The speed limit in California for commercial drivers is 55 mph, so speeding 70 mph and above can be charged as a misdemeanor for a commercial driver.  As explained below, a misdemeanor is a more serious offense and will cost an inordinate amount of time and money - which you can avoid. 

1. Discretion of the Officer  

So who deems a traffic ticket to be a misdemeanor or infraction? Generally when the officer writes the ticket he or she will mark "M" or "I" next to the violation written in the middle portion of the ticket. And for speeding, CVC 22406.1 is a misdemeanor and 22406 is an infraction. Note, that a District Attorney (DA) can also elevate a charge if they think that is necessary.

Attorneys regularly check for the ",1" on the stated code section.  If that is missing the and the officer is alleging a misdemeanor violation, the wrong code section has been asserted on the ticket which will certainly draw argument from counsel. You should hire a good traffic attorney who can help you through the process.

Since the officer is making the call initially, its best to be nice and cooperate with the officer as a "squeaky wheel" will get a misdemeanor if the officer believes the driver is abnormally difficult. Officers make notes on the back of their tickets and when there are often more notes with references to the conduct of the driver that generally means a misdemeanor will be charged. So be cordial, and professional and don't do anything that makes the officer's job more difficult. Certainly a polite inquiry should be made as to the basis of the stop, but you want the officer to forget you as soon as possible, as that officer will have to testify in court and claim to have a present recollection various months later to prove the case against you. So work to have the officer check the box "I" from the get go and forget the incident sooner than later.

2. Court Procedure

Whether the ticket is an infraction or a misdemeanor the process begins with an arraignment where a plea of not guilty, no contest, or guilty will be entered and the court will set a trial date. However, since misdemeanors are a more serious offence the defendant (you the driver) has a right to a jury trial. For infractions, there is no right to a jury trial and the matter is resolved with a bench trial where the judge decides the matter. 

With a misdemeanor, the court will set an additional hearing after arraignment called a "pre-trial" where the defendant meets with the District Attorney. So with a misdemeanor a commercial driver must attend additional court appearances to get the matter resolved and those interactions with the District Attorney are more complicated. So you shouldn't navigate those misdemeanor waters without an experienced attorney. It's not rocket science, but you want somebody who has been through the process before and knows the DA's, the judges and the officers. Also you the commercial driver are not making money while in court.

Note, that pursuant to California Penal Code section 977(a) an attorney can appear for a client on a misdemeanor or infraction without the defendant driver present. Generally paying an attorney saves the driver in the long run as the driver can keep working while the attorney appears in court and it may take multiple "pre-trial" hearings to get the matter resolved. Also, over the road drivers generally don't stay in the area where they received the ticket. Just getting to court is a losing proposition and bad for business.

3. Expense

Its important to at least get the misdemeanor reduced to an infraction as the fines and the points are greater for a misdemeanor. pursuant to California Penal Code Section 19, the consequence for a misdemeanor is a maximum of six months in county jail, a fine of up to $1,000, or both imprisonment and a fine, unless a different punishment is specified by law for that specific misdemeanor. It should be pointed out that a truck driver will not do jail time for a speeding ticket, but Misdemeanor tickets can involved doing time, whether that is community service, work release, or probation or a combination of those. But I have not seen speeding for a commercial driver warrant time unless it evolves into reckless driving. But many judges will impose a hefty fine and fees approaching $2000. 

So, try to lower the charge to an infraction which is a much lower fine and lower points. Often when lowering to an infraction it is possible to dismiss the speeding as (count 1) and amend the ticket to add a no-point infraction (count 2), but the DA may require the defendant pay a premium fine for such a result. Again, it's important to know the DA's and their tendencies.

4. Reporting to the FMCSA

Unlike infractions, misdemeanors are by law a "serious traffic violation" or often called a "serious offense" which warrants reporting the violation to the Federal Motor Carrier Safety Administration ("FMCSA"). In a personal car, and not a commercial vehicle, 15 mph or more (70+) will not be charged with a misdemeanor and the code section 22406(b) expressly states that will be an infraction in a personal car. 

However 22406.1 (c) states that a commercial driver convicted of 15 mph or more in his or her personal vehicle will be reported as a serious traffic violation and can be a basis for sanctions under CVC 15306 and 15308 that provide for a 60 day suspension of commercial driving privileges for a second serious offense in 3 years and 120 day suspension for 2 or more serious traffic violations within 3 years. Those are sanctions imposed by the state of California per the code and the FMCSA also has its own sanctions for more than one Serious offense. And keep in mind that speeding is not the only Serious offense as reckless driving, and following too close among others are serious offenses.

5. Minimize your Risk

Often in Court it may be important to enter a plea in lieu of a trial as speed can be changed (lowered) through a plea, which can lower the fine and keep the matter from being deemed a serious offense against your CDL (even if driving a personal vehicle). Generally tickets can be amended up to and including the day of trial, but you will need an experienced attorney. So there is risk at trial where a dismissal probability is low.  When the officer testifies there is more risk that speed will be established on the record that creates a serious offense. So talk to your attorney about potential alternatives that will minimize a finding of a serious offense and keep your CDL safe.

Disclaimer - the information in this article may be different and vary among different courts and jurisdictions and every situation is unique and this information may not apply given the circumstances in your case.

About the author: Kevin Callon Boyle, Esq is a experienced traffic attorney and can help you with your ticker. He handles matter for both Commercial and non-commercial drivers. CALL - (818)