The chances of getting hired by a reputable trucking firm that pays a fair rate after getting convicted of following too close are slim.
Many drivers have a clean commercial driving license (CDL) record for years; then, they get a following too close conviction because they didn’t get a traffic attorney to represent them, and they’re let go by their trucking firm.
They hear of other drivers with two speeding tickets or several violations during roadside inspection who are still driving for their firm. They wonder why a firm would terminate them after so many years with a clean record and one offense. Following too close is a “serious offense.”
Following Too Close Is a Serious Offense
What many novice drivers fail to understand is that a following too close conviction is a serious offense with the FMCSA. Trucking firms and fleet managers know that a second conviction within three years will result in a 60-day disqualification.
Therefore, they reason, if we hire a driver with one conviction of a serious offense, and they get another within three years, they will have to terminate them or hold a driving slot for them for two months. How many trucking firms are going to be that considerate?
The worst of it is, it really doesn’t matter how many years of driving with a clean record you have, they’re only required to look at the Pre-Employment Screening Program (PSP) record, which only goes back three years.
When you have a choice between a driver fresh out of school and one with a conviction for a serious offense, which would you, as a fleet manager, take? Most will go with the one fresh out of school and hope for the best. In most cases, they don’t even care what the circumstances around the ticket were. You were convicted; therefore, you must have been wrong.
Following Too Close & California Law
The CA Vehicle Code (CVC) Section 21703, Additional Driving Rules, warns “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.”
Hence, if you pay the fine for the ticket or dispute the ticket in court and lose, your conviction will be sent to the DMV, who will forward it to the FMCSA. The fine in CA is typically $238, and the driver will get assessed 1.5 negligent operator treatment (NOTS) points.
At the FMCSA level, the driver and carrier will get assessed five Compliance, Safety, & Accountability (CSA) severity points. Those severity points could be multiplied by a three time-weight with a similar violation in the same category within the previous six months, or two, with a similar conviction within six months to a year.
Before you pay the fine or decide to challenge the ticket in court and represent yourself, consult a California Traffic Attorney. It doesn’t matter if the violation was in your car or CMV, if you pay the fine or get convicted, you must notify your employer within 30 days. Your best bet to not get convicted, get a professional, knowledgeable, and experienced traffic attorney.
California Traffic Attorney Who Handles Woodland, CA, Violations
If you receive a following too close ticket or any traffic violation, call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.
We can resolve your traffic tickets, alleged violations, or represent you at a DMV Hearing in Yolo, Nevada, Placer, El Dorado, or Sacramento County.
Email: attorney@biggerharmanlaw.com.
References:
The 2019 CA Commercial Driver Handbook.pdf
The Cornell Law School LII article, Disqualification of Drivers
CFR 49 Part 383.5, Disqualification of Drivers
The Balance.com article, How CSA Points Affect Truckers