For commercial drivers in CA, successfully contesting a commercial traffic ticket can be a crucial factor in protecting their livelihood.
These factors are due to the serious repercussions a traffic violation can carry, including points on their driving record, CSA severity points, increased insurance rates, and potential job loss. An experienced CA traffic attorney can be instrumental in this process, providing invaluable guidance and representation.
Although the effect on an individual’s insurance premium might be insignificant for their private vehicle, most fleet managers are tasked to keep the fleet insurance premium low, and at times, their most reasonable recourse is to terminate a driver with fresh moving violation convictions.
Each conviction of a moving violation impacts the fleet insurance premium and the fleet’s Safety Measurement System (SMS) percentile. When a fleet has a percentile between 75 and 100, every vehicle using that DOT number could be pulled into the weigh station for a roadside inspection.
Fleet managers know this not only slows down their delivery times, but can be a “Catch-22.” These massive trucks have many inspection points, and the shortcoming can add up quickly, further adding to their high SMS percentile.
Some fleet managers will terminate an otherwise reliable driver with a moving violation who has been with the fleet for years and replace them with a novice driver fresh out of school to clear CSA severity pints and time-weights from their DOT number to lower their SMS percentile.
A Traffic Attorney Can Assist Contesting a Commercial Traffic Ticket
A knowledgeable and experienced traffic attorney can guide commercial drivers through the complexities of several types of traffic violations.
With experience in various types of traffic violations, a traffic attorney can help contesting a commercial traffic ticket involving:
- Speeding: Speeding tickets can have severe consequences for commercial drivers. A traffic attorney can challenge the calibration of speed detection devices, the proper training of the issuing law enforcement officer (LEO), or the necessity of the situation, potentially leading to reduced charges or even dismissal.
- Following Too Close: Tailgating is considered an DOT FMCSA “serious offense” for commercial vehicles due to the increased stopping distance they require. An attorney can argue about the reasonableness of the following distance given the specific circumstances.
- Illegal Cell Phone Use: Laws regarding distracted driving are strict in CA. An attorney can question the legitimacy of the officer's observations or present evidence that the phone was used legally.
- Unsafe Lane Changes: Tickets related to unsafe lane changes can be contested by an attorney who can challenge the officer's judgment or demonstrate the safety of the move.
- Logbook Violations: Logbook violations can lead to significant penalties. A traffic attorney can help clarify such issues and argue that errors were ELD-generated or not the driver's fault. Someone else might have fueled or driven the vehicle to maintenance without changing the driver ID number.
- And many others. Contact Bigger & Harman today to get a free, no-obligation initial consultation.
The first four commercial traffic tickets above (speeding 15 or more mph over or any speeding in a construction zone, following too close, illegal cell phone use, and an unsafe lane change) could be a DOT FMCSA serious offense, which could lead to a 60-day driver disqualification or longer for a subsequent conviction within three years of the first.
How to Prevent a Commercial Traffic Ticket
Preventing commercial traffic tickets is key to maintaining a clean driving record. Prevention could involve strict adherence to traffic laws, regular vehicle maintenance, safe driving practices, and accurate record-keeping. By taking these steps, you can minimize the risk of receiving a commercial traffic ticket.
Why You Need a CA Traffic Attorney to Resolve Your Commercial Traffic Ticket
Although it’s not always necessary to hire an attorney, in CA, a commercial driver cannot use Traffic Violator’s School (TVS) to keep a traffic conviction confidential; therefore, it is always wise to consult a CA traffic attorney about challenging moving violations in court.
Having a CA traffic attorney on your side can make a significant difference when faced with a commercial traffic ticket. They can challenge the ticket's validity, negotiate for lesser charges or a non-moving conviction, and guide you through the legal process. Their experience and knowledge can be invaluable in successfully contesting a commercial traffic ticket, helping to protect your driving record and, in turn, your career.
While navigating commercial traffic violations can be complex, it's not a journey you have to make alone. An experienced CA traffic attorney can help you contest a commercial traffic ticket by providing expert advice, representation, and peace of mind. Although there are no guarantees, a traffic attorney can keep you out of court and on the road.
For more information on the value a CA traffic attorney brings a commercial driver, read our blog, “Why Hire a Traffic Attorney for a Commercial Traffic Violation.”
When You Need Assistance Contesting a Commercial Traffic Ticket in Riverside County, CA, Consult Bigger & Harman
Call us at (661) 349-9300. Likewise, you can use the convenient contact form or email attorney@biggerharmanlaw.com them.
We are Bakersfield traffic attorneys who regularly assist drivers who are contesting a commercial traffic ticket in Riverside County.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook.