FAQs
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California Vehicle Code section 12810.5(b)(2) essentially states that speeding in a commercial motor vehicle carries 1.5 times the normal point count in California, for a total of 1.5 negligent operator points for a typical commercial speeding violation.
The bail or fine amount for a typical speeding violation in a commercial motor vehicle ranges from a low of $285.00 to a high of $490.00. This is broken into two different speed tiers by California:
- Speeding 1-9 miles per hour over the posted speed limit (55 mph) is $285.00;
- Speeding 10 miles per hour or more above the posted speed limit (55 mph) is $490.00.
In California, points incurred for a typical violation while operating a commercial or private motor vehicle will remain on the active record of a license holder for three (3) years from the date of conviction.
A CDL holder would normally be deemed a Negligent Operator at risk of license suspension if the following number of points are accumulated:
- 4 or more points incurred in a 12 month period;
- 6 points incurred in a 24 month period;
- 8 points incurred in a 36 month period.
However, Commercial Class A or B drivers, without a special certificate or endorsement such as Hazardous Materials, are allowed two (2) additional points, if they request and appear for a hearing in front of the California DMV, and their accumulated points did not occur in a vehicle requiring only a Class C license.
As a result, a CDL holder meeting the above criteria with a Class A or Class B license would be deemed at risk of a license suspension if the following number of points are accumulated:
- 6 or more points incurred in a 12 month period;
- 8 points incurred in a 24 month period;
- 10 points incurred in a 36 month period.
The short answer is NO. California is very strict due to catastrophic property damages, injuries and fatalities that have occurred as a result of drunk driving incidents throughout the years. Therefore, you would suffer a lifetime ban on obtaining a CDL license in the State of California with two or more DUI convictions on your record.
In California, you would lose your license for at least 60-days for 2 "serious traffic" violations within a 3-year period involving a commercial motor vehicle, and for at least 120-days as a result of 3 or more "serious traffic" violations within a 3-year period involving a commercial motor vehicle. Examples of serious traffic violations are as follows: A violation of CVC 22406.1 - Speeding in a commercial motor vehicle at 15 mph or more above the posted limit; Reckless driving, improper or erratic lane changes; Driving without the proper class of CDL and/or endorsements.
In California, you would lose your CDL for at least 1 year for a first offense of any of the following: Driving a commercial motor vehicle (CMV) while under the influence of alcohol; Refusing to undergo blood alcohol testing after being stopped while operating a private motor vehicle or CMV; Driving a CMV while under the influence of a controlled substance; Leaving the scene of an accident involving a CMV; Committing a felony involving the use of a CMV; Driving a CMV on a suspended/revoked CDL; and Causing a fatality through negligent operation of a CMV.
The fees you are quoted by an attorney or a law firm to handle a traffic infraction case in California will be largely dependent on the nature of the charges against you, the total number of counts (charges) you are facing, the court location you are assigned, and the internal policies of the attorney or law firm. Over the years, we have seen attorney's fees for a single case range anywhere from a low of $350 to a high of $1,050.
The State of California is a member of the Drivers License Compact (DLC) agreement. Currently, there are 45 states that are participating members of the DLC. The states of Georgia, Tennessee, Michigan, Wisconsin, and Massachusetts are not part of this agreement. What this means is that a driver whose license is issued by a state that participates in the DLC, would have his/her California traffic conviction reported to their home state of licensing. It would be up to that home state's motor vehicle division to decide how to handle the conviction incurred in California (e.g. whether to assign negligent operator points).
In California, there are multiple defenses that can be argued, which may lay the groundwork for obtaining an acquittal or reduction of your charge(s) based upon the individual circumstances of your traffic violation. Here are a few defenses that have been raised by traffic defendants in the State of California:
- Mechanical failure (e.g. faulty instrument panel);
- Improper calibration or malfunctioning of radar or lidar device;
- Medical emergency (driver or passenger);
- Dangerous or uneven road conditions necessitating travel outside the designated lane(s) for a commercial motor vehicle;
- Radar or lidar device did not accurately measure the speed of your vehicle due to the presence of heavy traffic;
The citing law enforcement officer always has the burden of proof, and must show up at a Court Trial proceeding. If the officer does not prove his case beyond a reasonable doubt, then the Court would be required to dismiss your charge(s).
In California, jail time can never be imposed for a conviction of a traffic infraction violation. The typical punishment can range from a fine amount, to negligent operator points, to a temporary license suspension. "Points" would be imposed by a regulatory agency such as the DMV for certain types of CDL traffic violations - e.g. Speeding, Designated Lane, Hazardous Material, and Log Book violations.
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Felicia Yates & Associates
P.O. Box 454, Needles, CA 92363, San Bernardino County, California
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