Author: Shawn George

You’re on a quick errand in your car, and blue lights suddenly flash in your rearview mirror. Your heart sinks, realizing your livelihood as a commercial truck driver could be in jeopardy because of a simple mistake—speeding. As a Commercial Driver’s License (CDL) holder, this traffic stop is not merely an inconvenience; it could profoundly impact your career.

But you don’t have to face this with uncertainty. The Law Offices of Shawn M. George, APC are here to provide clear guidance to protect your CDL and livelihood.

What a Traffic Ticket Does to Your CDL

The California Vehicle Code (CVC) outlines specific offenses that can lead to disqualification or suspension of your CDL. Even a seemingly minor speeding ticket can accumulate points that lead to serious ramifications.

How a Speeding Ticket in a Personal Vehicle with CDL Can Affect Your Career

You might think a speeding ticket in your personal vehicle to be a minor infraction, but it can have serious consequences for your CDL. However, in California, the lines between personal and professional driving blur significantly when you hold this license type.

Any traffic violation, regardless of the vehicle you’re operating, can have significant and lasting consequences for your CDL. California CDL holders are subject to the standard DMV Negligent Operator Treatment System (NOTS) and federal regulations from the Federal Motor Carrier Safety Administration (FMCSA), each with its own rules and penalties.

Holding a CDL means your driving record is under constant scrutiny, even when you’re off the clock. If you receive a speeding ticket in a personal vehicle with CDL, it doesn’t just vanish once you clock out. California law treats CDL holders differently from standard drivers, and violations can carry substantial consequences.

Understanding the Commercial CDL Point System in California

The commercial CDL point system in California is unique and strict, designed to identify and penalize drivers who pose risks to public safety. Every traffic violation, even those committed in your personal vehicle, adds points to your driving record. This accumulation can quickly escalate into severe consequences, including license suspension or CDL disqualification. 

Minor Offenses

Speeding violations result in points added to your driving record, the exact amount of which depends on the severity of the offense. Additionally, certain speeding violations can be classified as ‘serious traffic violations’ under FMCSA regulations, triggering separate disqualification penalties.

Serious Violations

Traffic infractions considered serious include driving 15 mph or more over the speed limit, driving recklessly, tailgating, and having an accident as a commercial driver. The number of violations determines the penalty. Two violations in 3 years will result in a 60-day CDL disqualification, and 3 violations in 3 years will result in a 120-day disqualification.

Major Offenses

Major offenses, such as being involved in a hit-and-run or driving under the influence (DUI), result in immediate CDL disqualification. A second DUI offense, or a DUI committed while transporting hazardous materials, can result in a lifetime CDL disqualification.

Employers routinely review CDL holders’ driving records, meaning even a single speeding ticket can significantly jeopardize your employment. A violation can result in more than just a fine. It can have long-term professional repercussions, including: 

• Higher insurance rates, 
• Job loss, and 
• Difficulty finding work as a driver in the future.

Understanding these stakes underscores why immediate and strategic legal action is critical to protecting your CDL and livelihood.

Will a Speeding Ticket Affect My CDL?

Even a single speeding ticket can significantly impact your CDL, affecting insurance costs and employer confidence and possibly leading to suspension. The FMCSA requires CDL holders to report all convictions within 30 days, and failure to comply could mean losing your job.

DUI Charges and CDL Holders: What’s at Stake?

California enforces stringent DUI laws, especially for CDL holders. Under California law, commercial drivers face stricter limits with a blood alcohol concentration (BAC) threshold of 0.04%, significantly lower than the 0.08% limit for non-commercial drivers. 

Whether you’re behind the wheel of your commercial vehicle or driving your private car, DUI convictions carry severe penalties, including:

• First offense DUI—one-year CDL disqualification, extended to three years if transporting hazardous materials; and
• Second offense DUI—potential lifetime CDL ban.

Additional consequences include fines, mandatory alcohol education programs, and increased insurance premiums.

Facing a DUI charge with a CDL can feel overwhelming and hopeless. However, skilled legal representation can significantly improve your situation. An experienced attorney, like Shawn M. George, can challenge the accuracy of BAC testing, question the legality of the traffic stop, or expose procedural errors. With tailored defense strategies specific to CDL holders, the right lawyer can protect your livelihood and provide a clear path forward.

Strategies We Use to Protect Your CDL

Facing a speeding ticket in a personal vehicle with CDL doesn’t have to derail your career. Our firm provides knowledgeable and personalized legal representation, allowing you to confidently regain control of your life. We will handle court appearances and negotiations, allowing you to focus on your job and family.

At our firm, we implement specialized defenses tailored to CDL holders, including:

• Challenging the accuracy and calibration of radar or laser devices,
• Questioning the officer’s observation or traffic stop legality, and
• Negotiating with prosecutors to downgrade charges.

Our meticulous approach thoroughly explores every detail to defend your career and future.

Take the Next Step to Protect Your CDL Today

A single traffic violation doesn’t define you but could define your future. Attorney Shawn George knows what’s at stake and how to fight for your CDL. With his insider experience as a former Deputy District Attorney, Shawn offers targeted strategies and comprehensive advocacy to help protect your career. Contact us today, and let’s start protecting what matters most to you.

Frequently Asked Questions

Do CDL Violations in My Vehicle Appear on My Employment Record?

Yes. California requires CDL holders to notify employers of all traffic convictions within 30 days, regardless of the vehicle involved.

If I Have a CDL, Can I Attend Traffic School to Dismiss a Speeding Ticket?

California allows CDL holders to attend traffic school for violations received in a personal vehicle. However, this may not prevent the violation from appearing on your record or being visible to employers who routinely review CDL holders’ driving histories.

What Happens If I Fail to Report a Speeding Ticket to My Employer?

Failure to report a conviction within 30 days violates federal law and may result in severe penalties, including termination and CDL suspension.

Resources:

• California Department of Motor Vehicles, Commercial Driver’s Licenses, link.
• Issuance and Renewal of Licenses, CVC § 12810 (2010), link.
• Generally, CVC § 22348 (2005), link.

Many drivers assume that speeding and reckless driving are interchangeable terms. However, under California law, they are distinct offenses with different legal consequences. Although exceeding the speed limit is a traffic violation, reckless driving is a criminal offense that carries much harsher penalties. Understanding the differences between reckless driving speed violations and simple speeding infractions is essential for protecting your rights and avoiding severe penalties.

At the Law Offices of Shawn M. George, APC, we provide experienced legal representation for drivers facing reckless driving and speeding charges. Whether you were ticketed for excessive speed or accused of endangering others on the road, we are here to help.

Reckless Driving vs. Speeding: Key Differences

California law distinguishes between speeding violations and reckless driving based on several factors. These include the driver’s intent, the severity of excessive speed, and the potential harm to others. Let’s look more closely at what each of these offenses involves.

Speeding

Speeding occurs when a driver exceeds the posted speed limit or travels too fast for road conditions. While speeding is a clear violation of traffic law, it is a civil offense. Penalties are usually limited to fines and points on your license, not criminal charges.

California drivers can face several different types of speeding violations, including:

• Basic speeding—driving faster than is reasonable in light of the weather, traffic, and other circumstances; 
• Exceeding the speed limit—going faster than the posted speed limit; and
• Speeding in special zones—exceeding the limit in school zones, construction areas, or near pedestrians.

Depending on the speed and other factors, you may face enhanced penalties. 

Reckless Driving

Under California law, reckless driving is defined as operating a vehicle with willful or wanton disregard for the safety of others. Unlike a simple speeding violation, reckless driving applies to situations where the driver’s actions pose an inherent and serious risk of harm to others—including but not limited to excessive speeding.

For example, a reckless driving charge may also involve:

• Dangerous driving behavior—swerving between lanes, tailgating, or running red lights while speeding;
• Street racing—competing against other vehicles on public roads; or
• Aggressive driving—challenging another driver, brake-checking, or making erratic lane changes.

Reckless driving is a misdemeanor criminal offense, meaning it carries potential jail time, heavy fines, and increased insurance rates.

Is Speeding Considered Reckless Driving?

A speeding ticket alone does not automatically qualify as reckless driving. However, excessive speed, in combination with other unsafe driving actions, may escalate the charge.

Factors That May Lead to a Reckless Driving Charge

Courts consider several factors when determining whether speeding crosses the line into reckless driving:

• Speed far above the limit—driving 25 mph or more over the posted limit may be considered reckless, especially in residential areas or highways;
• Endangering others—weaving between vehicles, ignoring stop signs, or failing to yield increases the likelihood of a reckless driving charge;
• Weather and road conditions—speeding on wet, icy, or congested roads increases the danger to others and can lead to a harsher penalty; and
• Prior offenses—violating speeding or traffic laws repeatedly makes a driver more likely to face criminal charges instead of a traffic citation.

Because reckless driving is a criminal offense, a conviction can lead to a permanent mark on your record and potentially affect your future employment opportunities and insurance rates.

Penalties for Speeding and Reckless Driving in California

The penalties for reckless driving vs. speeding vary significantly based on the severity of the offense and prior violations.

Speeding Ticket Penalties

The consequences of a standard speeding violation typically include:

• Fines. Fines range from $35 to over $500, depending on how much over the limit you were driving. Fines for subsequent offenses of excessive speeding (over 100 mph) can be as high as $1,000.
• License points. A standard speeding violation adds one point to your driving record, while excessive speed can add more.
• Traffic school. Some drivers may be eligible to attend traffic school to remove points and avoid insurance rate increases.

Depending on the circumstances, drivers ticketed for speeding may face one or more of these consequences.

Reckless Driving Penalties

A reckless driving conviction carries much harsher penalties, including:

• Fines—ranging from $145 to $1,000, plus court fees;
• Jail time—up to 90 days in county jail for a first offense;
• License suspension—potential six-month suspension for serious violations; and
• Criminal record—impacting employment and background checks.

Aggravating factors, such as injuring another person or engaging in street racing, may elevate reckless driving to a felony offense. A conviction for felony reckless driving can lead to r prison time and permanent license revocation.

Facing a speeding or reckless driving charge? Contact The Law Offices of Shawn M. George, APC to protect your record today.

How to Fight a Reckless Driving or Speeding Charge

Whether you are facing charges for reckless driving or excessive speeding, you have legal options to challenge the accusations. A strategic defense can help reduce the penalties or even get the charges dismissed entirely.

Common Legal Defenses

The best defense depends on the circumstances of the case. However, some common defenses in speeding and reckless driving cases include:

• Speed measurement errors. Radar guns and speed cameras require proper calibration. If the device used to measure speed was improperly maintained or misused, the results may be unreliable.
• Lack of recklessness. Speeding alone is not always reckless driving. If your actions did not pose a serious risk to others, your attorney may argue for a reduced traffic infraction instead of a misdemeanor charge.
• Emergency circumstances. If you were speeding due to a medical emergency, mechanical failure, or immediate danger, the court may consider dropping or reducing the charges.
• Mistaken identity. Errors in identifying the driver can occur, especially in high-traffic areas or multi-car stops. If an officer cited the wrong person, the charge could be dismissed.
• Improper police procedures. If the traffic stop lacked legal justification, or if law enforcement violated your rights, any evidence gathered may be inadmissible in court.

Courts evaluate these defenses based on the specific facts of the case, including witness testimony, traffic conditions, and available evidence.

When to Contact a Defense Attorney

If you have been charged with reckless driving speed or a speeding violation, consulting a skilled attorney is crucial. An attorney can:

• Assess the charges and determine the best legal strategy;
• Challenge the prosecution’s evidence and identify weaknesses in their case;
• Negotiate for reduced penalties or an alternative resolution; and
• Represent you in court to fight for the most favorable outcome.

Ignoring a speeding infraction or a reckless driving charge can lead to serious long-term consequences. While a reckless driving charge can result in a criminal record and potential employment difficulties, unpaid speeding tickets or repeated infractions can still lead to fines, increased insurance rates, and possible license suspension. Seeking legal help early improves your chances of a positive resolution.

Take Action to Protect Your Rights

Understanding the differences between reckless driving vs. speeding is critical for protecting your driving record and avoiding severe penalties. While speeding is a common traffic infraction, reckless driving can be a much more serious charge that can impact your future and lead to significant legal consequences. At The Law Offices of Shawn M. George, APC, we provide aggressive defense strategies for clients throughout the Central Valley facing traffic-related charges. If you have been accused of reckless driving or excessive speeding, do not wait to seek legal guidance. Contact our firm today to discuss your case and learn how we can help defend your rights.

Resources:

• California Vehicle Code, § 22348, link.
• California Vehicle Code, § 22351, link.
• California Vehicle Code, § 22352, link.
• California Vehicle Code, § 22362, link.