On California's bustling highways and roads, commercial traffic tickets are more than just an inconvenient citation; they carry severe consequences for commercial drivers.
With stringent laws and regulations from both CA Vehicle Code and the DOT FMCSA overseeing commercial driving, even a single traffic violation can have drastic implications for a driver's career. Therefore, having a knowledgeable and experienced traffic attorney handle a commercial traffic ticket can significantly impact your wallet and future.
Knowledge & Experience to Resolve Your Commercial Traffic Ticket
When faced with a commercial traffic ticket, the experience of a CA traffic attorney can prove indispensable.
They possess the knowledge and experience to potentially transform the ticket into a reduced no-point conviction, akin to a parking ticket. These no-point convictions are not subject to the CA DMV negligent operator treatment system (NOTS) point assessments and are not reportable to the DOT FMCSA. Such a conversion can save a commercial driver from accumulating NOTS points that tarnish their driving record.
A traffic attorney might be able to negotiate a plea deal with the traffic court judge to allow the driver to pay a fine for a non-moving violation. Rather than saddling a commercial driver with a moving violation that will remain on their CA motor vehicle driving record and the DOT FMCSA Pre-employment Screening Program (PSP) record for three years, the judge might choose to satisfy both the county treasury and the driver.
Contrary to what some believe, most traffic court judges do not want to get a driver terminated. They know that commercial drivers deliver America’s cargo and produce to various markets and port for transportation to consumers.
However, they know the driver can learn from their mistake by paying a high fine and possibly attending a defensive driving course.
Traffic Violators School (TVS) Cannot Be Used to Keep a Commercial Traffic Ticket Confidential
While many might believe attending a Traffic Violators School (TVS) is a one-stop solution, it's essential to understand its limitations.
For commercial drivers, attending TVS cannot keep a conviction in their Commercial Motor Vehicle (CMV) confidential. However, in some cases, a traffic court judge might order a charter bus driver or trucker to attend TVS as a part of a negotiated plea to obtain a no-point conviction.
Which Violations Can a Traffic Attorney Assist CDL Holders to Resolve?
The common misconception is that only major violations need legal assistance. The truth is that even common violations can escalate into significant problems for commercial drivers. When you consider that commercial drivers spend 60 or 70 hours per week on the road, they face a much larger chance of getting a traffic ticket than their non-commercial driving peers.
The top five commercial traffic tickets include the following:
- Speeding
- Unsafe lane changes
- Following too closely
- Illegal cell phone use
- Lane violations
Notably, the first four violations could also fall under the FMCSA's category as a “serious offense.” Excessive speeding (15 or more mph over), or any construction zone speeding is a serious offense according to the FMCSA CFR 49 Part 383.51, Driver Disqualifications.
A second conviction within three years for such offenses could lead to a 60-day driver's disqualification. Given such dire potential outcomes, it's clear why hiring a CA traffic attorney to resolve a commercial traffic ticket in traffic court becomes essential.
However, a traffic attorney can assist with other commercial traffic tickets, like an overweight truck, violation of the FMCSA Hours of Service (HOS) rules, illegal U-turns, red-light/stop sign tickets, reckless driving, and many more. A CDL holder should consult with a CA traffic attorney before deciding a course of action for any violation.
For commercial drivers, the repercussions of traffic tickets linger. Any moving violation remains on their record for a minimum of three years. Convictions for moving violations, whether in a commercial vehicle or a private one, stay on their CA motor vehicle driving record (MVR) and must be reported to their employer within 30 days whether in a CMV or private vehicle. So, if there’s no conviction, there’s no requirement to tell your employer.
However, for commercial driver’s license (CDL) holders, violations in their CMV also appear on their Pre-employment Screening Program (PSP) at the DOT FMCSA. This dual record-keeping can severely hamper their career prospects.
In conclusion, the stakes are high for commercial drivers. A single lapse in judgment on the road, resulting in a traffic ticket, can jeopardize their livelihood.
Protecting oneself from such potential damage requires proactive measures, such as consulting and hiring a CA traffic attorney could be crucial to keep them from getting terminated from their driving position.
An experienced traffic attorney could preserve your reputation, prevent NOTS points, and save money, but most importantly, it could shield your career from an abrupt and unfortunate end.
Consult Bigger & Harman, APC, to Resolve Your Commercial Traffic Ticket
When you have a commercial traffic ticket pending in Roseville, CA Traffic Court, call the Bigger & Harman Traffic Defense Team at (661) 349-9300 or email attorney@biggerharmanlaw.com.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA CFR Part 383.31, Notification of Convictions for Driver Violations.
The FMCSA CFR 49 Part 383.51, Driver Disqualifications.