Is there anything worse for a CDL holder than moving violations in your CMV? Yes, the conviction for a moving violation. One conviction on a moving violation could lead to termination by many large trucking firms. Fleet managers often have a zero-tolerance mentality when it comes to moving violations. Your best opportunity to avoid a conviction once you’ve gotten a ticket is to consult with a traffic ticket attorney.
What Is a Moving Violation?
Moving violations are usually violations of traffic laws that are committed while the vehicle is moving, such as speeding, an unsafe lane change, following too closely, and others, as opposed to non-moving offenses such as parking tickets and correctable violations such as loud exhaust or no license in possession. These require the driver to show proof of correction and payment of administrative fees, but there are no points associated with these in most states.
How Do Employers Know About a Moving Violation?
When a trucker gets ticketed for a moving violation, their fleet manager will get notified through the Employer Pull Notice (EPN) Program, the Compliance, Safety, and Accountability (CSA), and the FMCSA’s Safety Measurement System (SMS) only when there is a conviction.
What’s more, the driver is required to notify their employer within 30 days of a conviction for a moving violation either in their private vehicle or CMV. Although a conviction in a private vehicle does not affect the fleet insurance premium, many fleet managers consider it as a warning for them. Right or wrong, they often believe if a driver gets a ticket in their private vehicle, it is only a matter of time before they get one in their CMV.
What Are the Consequences of a Moving Violation Conviction?
The consequences typically depend on the violation. Many are minor infractions that require a fine and one Negligent Operator Treatment System (NOTS) or 1.5 NOTS points in your CMV. Usually, after a conviction, your auto insurance premium will go up and stay higher as long as the conviction stays on your MVR, which is a minimum of three years.
However, some moving violations in your CMV are considered “serious offenses” by the FMCSA. Speeding 15 or more mph over the limit, unsafe lane changes, following too closely, and railroad crossing violations are all FMCSA serious offenses that can lead to a 60-day disqualification.
A conviction for a railroad crossing violation will lead to an automatic 60-day disqualification. The others require a disqualification after a second conviction within three years of the first, a 120-day disqualification upon a third conviction, and a one-year disqualification with a subsequent conviction.
However, most fleet managers will not hold a driving position open for a driver while they serve a 60-day disqualification.
CDL Holders Must Challenge Any Moving Violation with a Traffic Ticket Attorney in Roseville Traffic Court
If you get ticketed on I-80 in Placerville County in your CMV for a moving violation, contact the traffic law attorneys, Bigger & Harman, (661) 349-9300.
We offer CDL holders a free, no-obligation initial consultation. CDL holders often have no choice but to challenge a moving violation. A moving violation conviction on your Pre-Employment Screening Program (PSP) record could make it nearly impossible to get hired if terminated by your current trucking firm.
Se habla Español 661.349.9755.
We realize an email is a lot more convenient for over-the-road truckers who don’t have much time, attorney@biggerharmanlaw.com. Please include a brief description of the events leading up to the stop and a copy of the citation. We will reply as soon as possible.
Yelp Review by Rigs R. from Clovis, CA
“ALL DRIVERS WHO HAVE A TRAFFIC CITATION, I STRONGLY ADVISE YOU TO USE BIGGER & HARMAN!!!!!!!!!!!!!!!!!!!!!!!!!!
I'm a commercial driver who had a moving violation citation and looked up traffic lawyers on YELP and I’m so glad I did!!! There's a reason why Bigger & Harman have FIVE STARS and have AWESOME reviews, they DELIVER!!!!!!!!!!!!!!!!!!
My case was settled within 28 days with NO POINTS on my record. Mark Bigger personally called me and gave me the great news. I just wished I found them earlier on other cases.
Thanks so much, Mark Bigger!!!”
Hi Rigs! Thanks so much for taking the time to give us this feedback. Glad we were able to resolve your moving violation citation and keep your record point free. We strive to deliver the best possible outcome to our clients and it always makes our day to hear we hit the mark. Thanks so much for your business! Give us a call any time you need us. — Mark B. of Bigger & Harman, APC.