Novice commercial drivers must understand the difference between “fixit” or correctable tickets and moving violations.
An Explanation of the Difference Correctable Tickets & Moving Violations
Correctable or fixit tickets are typically non-moving offenses, like a burnt-out light or no proof of insurance in possession, that can be corrected without paying a fine. The commercial driver corrects the shortcoming and shows it to a law enforcement officer at the police department or weigh station or to another willing police officer. If the police also issued a full ticket requiring the violation to be dealt with in court, then you must also show the proof of correction along with the correction fee ($25) to the court. The violation will then be dismissed.
A moving violation is typically a minor infraction or misdemeanor, like speeding, running a red light, or other dangerous maneuvers while the vehicle is in motion. These violations are usually recorded on the driving record and federally if convicted or when the driver decides to pay the fine.
The Impact of Moving Violations on Driving Records and Employment
Many moving violations by commercial drivers are “serious offenses” at the DOT FMCSA level, like following too closely, an unsafe lane change, speeding, etc. Commercial driver’s license (CDL) holders must decide to challenge the accusation of wrongdoing in court or face a fine, negligent operator points, Compliance, Safety, and Accountability (CSA) severity points, and possible termination for fleet drivers.
A serious moving violation could severely impact a commercial driver's employment opportunities. The driver’s motor vehicle driving record (MVR) is hit with the negligent operator treatment system (NOTS) points in CA, and thus, the driver’s auto insurance premium will rise. Likewise, every moving violation conviction leads to CSA severity points that affect the fleet’s DOT number, affecting the fleet insurance premium.
For the driver, the conviction goes on their Pre-employment Screening Program (PSP) record. It could also affect their negotiation for higher pay per mile and benefits with their employer. These moving violation convictions can also harm their future employment opportunities if their current employer terminates them.
Resolution and Legal Implications of Moving Violations
Commercial drivers can correct "fixit" tickets by making the correction and providing proof of correction to dismiss the ticket to the local police department where the ticket was issued.
However, CDL holders must challenge moving violations with the assistance of a CA traffic attorney or face a negative influence on their MVR and PSP. A CA traffic attorney who routinely represents clients in Truckee, CA, can assist commercial drivers in challenging a moving violation in court while they continue to drive.
Truckers cannot afford to let a cargo delivery trip pass while waiting for their name to be called in court. An experienced and knowledgeable attorney can resolve the ticket without their presence.
Contact Bigger & Harman to Resolve Your Moving Violation in Truckee Traffic Court
Call Bigger & Harman, APC, at (661) 349-9300 — use our contact form to send a picture of your ticket/violation or email attorney@biggerharmanlaw.com.
We offer a free, no-obligation initial consultation—even by phone or email. Send us a copy of the citation, and we will let you know what we can do for you and how much it will cost.
Se habla Español (661) 349-9755.
Download our e-book, Protecting Your Commercial Driver License.
References:
The DMV Portal CA Commercial Driver Handbook.