When a commercial driver is convicted of a moving violation, the impact to their commercial driver’s license (CDL) traffic tickets can be career-threatening.
Unlike their noncommercial driving peers, who pay the fine and increased auto insurance, a fleet driver could be terminated immediately after a conviction. The DOT FMCSA makes it mandatory for the CDL holder to notify their employer within 30 days of a traffic ticket conviction whether in a commercial motor vehicle (CMV) or their privately-owned vehicle.
“A CDL holder must notify their employer(s) within 30 days of conviction for any State or local law pertaining to motor vehicle traffic control (other than a parking violation). The notification must be in writing and include all information outlined in 49 CFR 383.31(c).” —Paragraph 6.2.7, Notifying Employees of Convictions.
Moreover, if the driver doesn’t and the state where they were convicted, if other than CA, notifies the DMV, as agreed upon in the Driver’s License Compact (DLC), the DMV will add that information to the Employer Pull Notice (EPN) Program.
Therefore, if a CDL holder is convicted of any moving violation in a motor vehicle, there’s little wiggle room nowadays with all the technology, so it’s best to comply.
The Requirement Is for a CDL Traffic Ticket Conviction
Therefore, the best method to avoid the impact of a CDL traffic ticket is to hire a traffic attorney to resolve the ticket while you continue to drive and earn a living. This method causes the least disruption in the drivers’ schedule and allows them to take care of their family’s finances while a CA traffic attorney resolves the traffic issue.
How a Traffic Ticket Attorney Can Help with CDL Traffic Tickets
According to Nolo, “the integration of some of the Internet's first legal sites,” the following are the most relevant reasons to hire a traffic attorney as a trucker:
- A traffic lawyer can represent you in court without your presence.
- To provide informed legal advice.
- Negotiations and plea bargains — particularly non-moving violations.
- Traffic court and trial experience.
- Keep points off your Pre-employment Screening Program (PSP) record by avoiding a conviction.
CA traffic attorneys have the traffic court experience and firsthand knowledge that offers a CDL holder the best option for a favorable resolution of CDL traffic tickets.
Although many drivers consider hiring an attorney too expensive, the upfront cost rarely outweighs the repercussions of a moving violation.
Fleet Insurance & the FMCSA Safety Measurement System (SMS)
Many fleet managers are tasked to keep the fleet insurance premium at a certain level; therefore, a new moving violation against their DOT number could push their Safety Measurement System (SMS) percentile past the mark considered marginal and into the unsatisfactory safety range.
The fleet manager would likely have no choice but to terminate the driver regardless of their driving experience and record. Hiring an inexperienced driver fresh out of school with no Compliance, Safety, and Accountability (CSA) severity points could push their SMS percentile back to marginal or satisfactory.
An SMS percentile of 51 to 74 is marginal, and a percentile of 75 or above is unsatisfactory and will result in DOT FMCSA interventions, which no fleet wants.
Therefore, hiring a CA traffic attorney could be best to minimize the impact of CDL traffic tickets and possible interruptions to your driving career.
Bigger & Harman Can Assist with Disputing CDL Traffic Tickets in Roseville Court
When you need assistance with CDL traffic tickets in Roseville Courthouse, contact Bigger & Harman for an initial consultation at (661) 349-9300 or email attorney@biggerharmanlaw.com.
We have a reputation of trust among commercial drivers and judges.
Alternatively, you can use the convenient online contact form.
Download our e-book, Protecting Your Commercial Driver License.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR 383.31(c), Paragraph 6.2.7, Notifying Employees of Convictions.
The Driver’s License Compact (DLC).