Truckers who receive an overweight truck ticket should consult a CA traffic attorney with experience in LA County Traffic Courts—otherwise, their career could be in jeopardy.
While at the shipping yard, it is the shipper’s responsibility to ensure the weight is accurate. However, once the driver goes through the gate with the load, it is theirs. When you’re not sure of the truck’s weight, there are dozens of private weighing stations within a few miles of the ports. It might cost you a little more, but it will be much less than an expensive ticket.
Why So Many Overweight Truck Tickets Around the LA Ports?
The state is adamant about issuing tickets because overweight trucks cause severe damage to the roads, bridges, and highways, which costs millions to repair.
California issues far fewer permits for oversized trucks than surrounding states, even though there are eleven ports in CA that load and offload billions of dollars worth of cargo. Oakland, Long Beach and Los Angeles ports are three of the biggest in the world. You would think the state would be more accommodating to the truckers who haul the cargo that fills America’s stores with finished products and raw materials to factories across the country.
Yet, an overweight truck could cost a trucker as much as $1.00 per pound for every pound overweight in CA. Furthermore, once a truck exceeds 4,501 pounds over the limit, the driver is subject to a misdemeanor charge for that overweight truck.
However, since these violations add to the fleet’s insurance premium, many fleet managers will terminate a driver after just one moving violation, especially a misdemeanor.
A paid fine or guilty plea (they’re basically the same) for an overweight truck could make your employer reconsider your position with their company. Plus, the record on your Pre-employment Screening Program (PSP) record jeopardizes future employment, or it could mean you’ll need to take a driving position with a smaller firm that pays less than the average price per mile. Some pay 25 cents or less.
Challenge Every Traffic Violation in Traffic Court with a Traffic Attorney
Every driver should know to hire an independent traffic attorney to dispute the overweight allegation. Sometimes trucking companies will pay the fine for the driver, but that still can mean that the overweight violation is on the drivers record.
Very few firms will do that because they believe the driver will be more careless about verifying the weight if they are not paying the fine. Owner-operators face the full weight of the penalties. A $10,000 fine could jeopardize their career as a trucker and their business.
Regardless of your status, you should always consult a CA traffic attorney, as many technicalities could cause a traffic court judge to reduce or dismiss the overweight truck charge. Remember, it is the State’s burden to prove your guilt “beyond a reasonable doubt.”
Many drivers think they can represent themselves and save some money. However, most don’t know the legal language the judge is looking for or even when to ask for a dismissal.
The Kern County traffic ticket defense team of Bigger & Harman has the experience and knowledge necessary to fight for your legal rights and minimize the penalties when you receive an overweight truck ticket.
Call Bigger & Harman to Resolve an Overweight Truck Violation in LA County, CA
Call Bigger & Harman (661) 349-9300 when you’ve been charged with an overweight truck around the ports in LA County.
We are traffic attorneys who regularly appear in courts all over southern and central California, including LA County courts in Glendale, Chatsworth, Long Beach, Inglewood, and others.
We offer CDL holders a free consultation with no obligation to discuss their situation, even by phone or email. We understand your unique situation. Use our handy online contact form to give us a few details about your situation.
Se habla Español (661) 349-9755.
Email: attorney@biggerharmanlaw.com.
References:
The DMV Portal CA Commercial Driver Handbook Copyright 2022.
The FMCSA CFR 49 Part 383.51, Driver Disqualifications