For commercial motor vehicle (CMV) drivers, challenging a following too closely ticket in Fresno, CA, is as easy as consulting a traffic ticket attorney and letting them handle everything to resolve your ticket. You won’t need to go to court.
The Facts About Hiring a Traffic Attorney to Challenge Your Following Too Close Ticket
Many CDL holders just pay the fine for an infraction, like following too closely without challenge, because they believe hiring an attorney is too expensive. They often fail to consider that following too closely is a DOT FMCSA “serious offense.”
The 2nd serious offense conviction within 3 years will lead to a 60-day driver disqualification. How expensive would it be if you could not drive for 60 days? How many fleet managers will hold your seat while you sit at home with no income?
Commercial drivers typically get paid by the mile. If they cannot drive, they won’t get paid.
Moreover, the conviction goes on their pre-employment screening program (PSP) record for three years. If the fleet manager decides to go with a rookie fresh out of truck driving school, when the 60 days are over, the driver must find a new driving position.
The DOT FMCSA also mandates that fleet managers consider the driver’s PSP before hiring a new driver. What chance does a driver with a serious offense conviction have to get hired—even with a “driver shortage.”
Challenging a Following Too Closely Charge
CA Vehicle Code (CVC) Section 21703, Additional Driving Rules, is subjective in that it states, “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.”
Therefore, given conditions, what you think is a “reasonable and prudent” distance might be different than what the law enforcement officer (LEO) thought when he observed your CMV. The LEO would pull you over and issue a citation for following too closely.
The LEO’s opinion does not have to be the final ruling, which should be left up to a traffic court judge, and you should hire a CA traffic attorney to raise the level of “reasonable doubt” as to whether you were following too close.
Likewise, the LEO may not have all the facts. The Prius driver could have been passing your CMV when a hot-shot BMW driver flashed their lights at the Prius, attempting to get them to move out of their way. Unfortunately, the LEO doesn’t pay much attention to four-wheelers going 85 or 90 but concentrates on the big rigs, which are more noticeable.
Although it’s not fair, the LEO, more often than not, will pull over the trucker and cite them instead.
It is up to the CDL holder to protect their driving career, but they don’t have to go it alone. In fact, they shouldn’t even attempt it. First of all, as stated above, the trucker most often gets paid by the mile and must keep trucking to bring home the bacon for the family.
However, that doesn’t mean they should just pay the fine and accept a serious offense from the LEO, who is short on facts. Consult a traffic ticket attorney who frequently resolves tickets for CDL holders in Fresno County Traffic Court.
Contact Bigger & Harman, APC, to Challenge an Unsafe Lane Change Ticket in Fresno County Traffic Court
Contact Bigger & Harman by using the handy contact form, call us at (661) 349-9300, or send an email attorney@biggerharmanlaw.com.
We are traffic attorneys that resolve traffic tickets for California drivers in Fresno County Traffic Court and represent CDL holders at DMV NOTS Hearings to gain leeway considering the miles driven in accordance with CVC Section 12801.5, Issuance and Renewal of Licenses.
Don’t go it alone. Contact us today to hear what we can do for you.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook Copyright 2022.
CVC Section 21703, Additional Driving Rules & Section 12801.5, Issuance and Renewal of Licenses