May 13, 2019 By Paul Wallin

Have you ever got into trouble with the law while doing your job?

Meet our client, a commercial truck driver from Canada. He had a spotless driving record, and frequently makes deliveries all across the United States. Some of his deliveries involve the transportation of hazardous materials, which, under the California Vehicle Code, have very stringent requirements.

Recently, our client was transporting hazardous materials from Las Vegas to Los Angeles. In the State of California, Hazardous Material is defined as a substance or material which is capable of posing an unreasonable risk to health, safety, and property when transported in a vehicle [California Vehicle Code (CVC) 353 and Title 49, Code of Federal Regulations (CFR), Section 171.8].

Being from Canada, he was not familiar with California law regarding the transportation of hazardous materials. He stopped at a weigh station for a normal inspection, where the unlocked compartment was discovered. He was then cited for hazardous materials in an unlocked compartment

Misdemeanor Charges for California Vehicle Code Section 32001(c)(5)

California’s Vehicle Code requires that hazardous cargo be in a locked compartment so that no unauthorized person can gain access to the materials. Upon citation, our client was not facing a mere traffic ticket. He was facing a misdemeanor conviction, a fine of approximately $4,000.00 and possible jail time.

When our client called us for help, we quickly got to work on researching the law, and all possible options as alternatives to jail time. We were able to use our experience and skill to convince the prosecutor that our client’s error was unintentional and that he had a driving record that was otherwise clean. The prosecutor agreed to reduce the charge to an infraction, and our client agreed to pay a fine of $110.00.

The Best Possible Outcome

With our help, our client did not have to go through the burden of a trial, spending time in jail or paying several thousand dollars in fines. In addition, the misdemeanor charge was dismissed against him. If he would have been found guilty of this misdemeanor charge he would have likely lost his job. He would have found it difficult to continue working internationally, as a misdemeanor conviction would likely have caused problems for him when trying to cross the US-Canada border. He also kept the points off his record, meaning his insurance rates will not increase.

When we informed our client of the outcome if his case he was an extremely happy man. We are certain that he will refer us people he knows who are facing criminal charges in the future.

Contact the Criminal Defense Attorneys at Wallin & Klarich As Soon As Possible

Sometimes, our clients break the law without knowing they have done so. Still, the consequences for doing so can be severe, and that is why you should seek the help of an experienced defense attorney if you find yourself charged with a crime. At Wallin & Klarich, we have over 40 years of experience working with clients in all types of cases, including traffic violations that can lead to the loss of a commercial driver’s license. Let us help you too, and we will work to ensure you receive the best possible outcome in your case.

With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, there is an experienced and skilled Wallin & Klarich criminal defense attorney available to help you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will get through this together.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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