Husband got 2 tickets on top of Grapevine in CA- question? Please read!!?!

But it appears as though you, and your husband are missing the point. The point should be why was your husband traveling 51 in a 35 especially if he found out the hard way 2-weeks earlier. Seems to me that he should have been aware of the reduced speed limit and made preparations to reduce his speed in advance of the speed reduction. You must also remember that the individual states have the right to set the speed limit within that individual state.

Also, the federal rules for commercial drivers clearly tells a driver of a commercial vehicle that he/she must comply with all state laws in effect. This means that your husband not only violated the state speed law, but also the federal rule in 49 CFR that required him to obey the state law. the applicable federal rule is 49 CFR part 390.9.

As well, 49 CFR part 383.51 states that a conviction of 15 or more MPH over the speed limit are considered serious convictions. Two serious convictions in any 3-year period requires that the CDL portion of a drivers license be suspended for a 60-day period. Three in 3-years; 90-day suspension of the CDL portion of a license.

From a retired federal D.O.T. official

 

You absoutely hire a local (Kern Co) attorney. No question about it. Judges, attorneys, prosecutors all drink out of the same bottle. You said it yourself, Tickets go on his record, NO JOB ! Why would you risk it. By the way the cops are not going to plead your case, please...That's exactly why you need an attorney. That's his job, the cops and the DA's job is to convict you.

 

WE have gotten many tickets in the same spot. Just take in the butt and except the fines because if you fight it they will make you pay the fines plus the bail upfront and then it will go to court you will pay a lawyer and all your money will dissappear and you will be found guilty. This is California and that's how it works out here. My advice to you SLOW DOWN!!!!! or you will soon not have a cdl. In California if you get pulled over you are guilty! I really hope you heed this advice so that it will save you alot of money!

 

I agree to a certain extent but there's another problem here in that 51 in a 35 conviction is a serious conviction under 383.51. If and when these become convictions, these 2 convictions will cause this driver at some point in time in the near future lose the CDL portion of his license for 60-days under 383.51. As well, 383 also states that a CDL holder may not use a hardship license (issued by a state for driving to and from work, in the performance of regular working duties, to the doctor etc.) to drive a CDL vehicle even if the state of residence issues one.

 

Oh yes! Hire a local lawyer and a GOOD one. You will be AMAZED at how much those two tickets are. I hope you have a few thousand saved up in the bank. I had a buddy get one right around there for 65/55 and they tried charging him $1500. He got it knocked down to $700 something and was so mad he was going to quit trucking altogether until his Dad talked him out of it and he finally paid it. Remember, CA needs LOTS of money right now. Let me warn you...do NOT take this lightly and like it was a real American state and such...California is a whole new game!

 

True, but he MIGHT be able to get it knocked down SOME. Problem is...two tickets in the same spot is going to be devastating. Man, I feel for you, I truly do. GL!

 

Was it on the 5? I drive that fairly often and there are LOTS of trucks that speed there, it's not just you guys.

I would be a bit discouraged if the cops will actually show up in court. If they DIDNT show up, it would automatically be decided in your favor.

Is online traffic school an option? http://www.california-trafficschool-online.com/kern.html

 

Get the lawyers and atleast get the amount of speed on the tickets reduced 15 over is a big no no to insurance companies. Most of the time the lawyer will show up for you if you get a good one and wont have too make the trip out there. And yes most big downgrades in Cali have a reduce speed on them.

 

Alot of states wont let out-of-staters take traffic school. Where he got the tickets at, I think, the signs start warning about the speed zone just past the get on from the hook.