How a Traffic Ticket Can Impact Your CDL in California

Truck driver with a CDL

How a Traffic Ticket Can Impact Your CDL in California

In order to be a professional truck driver, it requires an individual to obtain their Commercial Driver’s License (CDL). That’s why when an individual loses his or her CDL it can reap serious consequences for those in California. This is why it is so important to consult with a qualified traffic attorney, who can help you with these charges. A traffic ticket can jeopardize your CDL and therefore your means for making a living. It is imperative that you understand what is at stake and that you have someone you can turn to should such a situation arise. 

It may appear that one traffic ticket isn’t a big deal, but regardless of whether or not your drive professionally, the charge has the potential to greatly impact much of your personal life. For those who are professional drivers the stakes are that much higher. 

CDL Drivers in California

It is always important that drivers follow the rules of the road. However, for anyone in California who has a commercial driver’s license the responsibility to follow all traffic rules and guidelines is even more imperative. Traffic citations of any type can result in the suspension of your California CDL. This can often lead to a loss of money due to the payment of fines as well as a loss of income due to the suspension of your license and inability to earn a living. 

Off-Duty Traffic Violations Can Impact Your CDL

Incurring off-duty citations can have a significant impact on one’s ability to earn an income as well as their CDL depending on their employer’s individual tolerance and policies. Some employers have mandatory probation periods or may have a zero-tolerance policy and may fire the driver immediately. 

Those convicted twice of off-duty traffic violations within a three-year period may incur serious penalties. Such violations include:

• Following too closely
• Reckless driving
• Excessive speeding (more than15 mph over the limit)
• Any violation involving alcohol or drugs
• Erratic or improper lane changes

Suspended CDLs in California

Your CDL may be suspended for a variety of reasons. It is likely that you will receive a one-year suspension for any of the following:

• Refusing to take a BAC test
• Negligently operating a commercial motor vehicle (CMV)
• Committing any felony with your CMV
• Driving under the influence
• Driving a commercial vehicle with a blood alcohol concentration at 0.04% or higher
• Leaving the scene of an accident involving your CMV
• Driving a commercial vehicle while your CDL is suspended or revoked

You can also face suspensions for up to three years, if the offense committed occurs while operating a CMV carrying hazardous materials. If any felony was being committed involving controlled substances, you could lose your CDL for life.

Reinstating Your California CDL

You may be able to apply for a CDL reinstatement in California, though the associated fees differ depending upon your specific charges. A qualified California traffic ticket attorney can help you to navigate serious violations that have the potential to greatly impact your CDL and professional license. 

The Cheap Traffic Attorneys Help Those Who Have Received a Traffic Ticket

Although you may feel inclined to try to handle the situation yourself, you may not find yourself ending up with the best outcome. If you have received a traffic ticket, it can have a big impact on your rights to drive professionally and to maintain your CDL. That is why it is so important to consult with a knowledgeable and experienced traffic ticket attorney who understands the law, the consequences, and how to best minimize them on your behalf – as soon as possible. 

At Cheap Traffic Attorneys, we are dedicated to defending California motorists and professional drivers against law officers and prosecutors who seek to carry out the toughest penalties. To learn more or to schedule a free consultation, contact us today.

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A road construction zone.

Speeding in a Construction Zone in CA

We’ve all found ourselves rushing to get somewhere and sometimes that includes speeding. But while speeding itself is illegal, under California Vehicle Code Section 22362 VC, speeding in a construction zone is a separate violation. A motorist is in violation of the law if he or she is found to be speeding within 400 feet of a construction zone. 

California Vehicle Code 22350, which discusses the rules of the road, explains that motorists must drive at a safe and reasonable speed, which is dependent upon the specific circumstances of each case. Therefore safe and unreasonable driving is considered a violation of the law. 

Penalties for Speeding

If a California driver ignores a basic speeding ticket, he or she will likely incur a charge of failure to appear, which can be a misdemeanor. However, when a driver is ticketed for speeding in a construction zone, they face separate penalties than those issued under the basic speeding law. Penalties include:

  • A speeding ticket
  • A fine of $367-$600+; and
  • One point on the individual’s driving record.

Drivers can receive a negligent operator license suspension if they receive:

  • 4 points in 12 months;
  • 6 points in 24 months; or
  • 8 points in 36 months

Under 22362 VC, if someone drives within 400 feet of a construction zone at a speed that is greater than the posted speed limit, it is considered a prima facie violation. This means that the act itself creates a presumption that an individual has violated the law. 

Over Coming a Presumption of a Violation

However, this does not mean that this presumption can’t be disproven; it can. The driver must be able to show that even though he was exceeding the speed limit, he was not violating the basic speeding law in California. In order to show this, he or she must be able to demonstrate that the speed that they were going at the time that they were pulled over was reasonable under the specific circumstances of their case. This may include factors such as:

  • Road conditions
  • Weather conditions
  • Amount of traffic on the road

Another defense would be to demonstrate that the required construction zone signs were not posted or were posted less than 400 feet from the site, as is required by law.

The Cheap Traffic Attorneys Help Those Who Have Received a Traffic Ticket

Although you may feel inclined to try to handle the situation yourself, you may not end up with the best outcome. If you have received a traffic ticket, it can impact your finances and your record. That is why it is so important to consult with a knowledgeable and experienced traffic ticket attorney who understands the law, the consequences, and how to best minimize them on your behalf – as soon as possible. 

At Cheap Traffic Attorneys, we are dedicated to defending California motorists against prosecutors who commonly wish to offer the toughest penalties. To learn more or to schedule a free consultation, contact us today.

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