Although following too close is a minor infraction in CA, at the DOT FMCSA level, it is a “serious offense." It can have significant consequences for commercial drivers (CDL holders) at the DOT FMCSA.
Let's explore why contesting such a ticket might be a wise decision.
Following Too Close and the NOTS System
A following too close conviction or paid fine triggers a series of notifications. The CA DMV assigns 1.5 Negligent Operator Treatment System (NOTS) points to your CA motor vehicle driving record (MVR).
Additionally, they notify the DOT FMCSA of all moving violations in a commercial motor vehicle (CMV) and your employer is notified through the Employer Pull Notice (EPN) Program.
However, that doesn’t relieve you of the obligation to notify your employer of any moving violation convictions or paid fines in writing within 30 days, regardless of location or vehicle. That’s correct, even a conviction in your personal vehicle.
While the base fine for a following too close ticket can vary by county in CA, it is typically around $238. However, the NOTS points trigger a domino effect.
FMCSA CSA Points and Your Carrier's SMS Score
The FMCSA considers following too close a serious offense and assesses Compliance, Safety, and Accountability (CSA) severity points to both the driver and the carrier's DOT number.
Each moving violation adds to the carrier's Safety Measurement System (SMS) percentile. Fleet insurance providers heavily rely on the SMS percentile to determine a carrier's risk and set their premiums. A high SMS score translates to higher insurance rates, impacting your employer's bottom line.
Furthermore, the driver's CSA points remain on their Pre-employment Screening Program (PSP) record for three years. A second following too close conviction within three years will trigger a 60-day driver disqualification, a third, 120 days, and a fourth, one year.
This mark against your driving record can significantly impact future employment opportunities and potentially lower pay and benefit possibilities due to a perceived higher risk profile.
A clean driving record is crucial for commercial drivers, especially when negotiating pay-per-mile salaries and benefits. Carriers often prioritize drivers with lower CSA scores, offering them better compensation packages.
The Challenge of Court Appearances for CDL Holders
Unlike most professions, CDL holders often lack the flexibility to reschedule work commitments for court appearances.
Missing work for a traffic violation hearing could jeopardize your standing with your current employer or hinder your ability to secure new opportunities. We understand the tight schedules and demanding workloads that come with being a commercial driver.
Thus, we can represent you in court without your appearance and dispute your traffic tickets. You can continue to drive without interruption, and if we are able to get a favorable result without points, there is no need to alert your employer.
How a CA Traffic Attorney Can Help with Contesting a Following Too Close Ticket
An experienced CA traffic attorney can represent you in court, allowing you to focus on your job without jeopardizing your driving record or employment. Here's what your attorney can do depending on the circumstances:
- Review the Evidence: Your attorney can meticulously examine the police report, weather conditions, and any dashcam footage available. They can identify inconsistencies or potential issues with the officer's testimony that could strengthen your case. All an attorney needs is to raise the “reasonable doubt.”
- Negotiate with the Court: In many cases, your attorney can negotiate with the traffic court judge to reduce the charges to a non-moving violation. This reduction would eliminate the NOTS points and the associated consequences for your CDL and employer.
- Trial Representation: If negotiation fails, your attorney can confidently represent you in court. They have the experience and legal knowledge to present your case effectively and increase your chances of a successful outcome.
By taking these steps, your attorney can significantly improve your chances of getting the following too close ticket dismissed or reduced.
This can save you from the financial burden of higher insurance premiums, potential job loss, and a tarnished driving record that could impact your future earning potential.
Likewise, you won’t need to worry about a driver disqualification if there's no first conviction of a serious offense.
Consult Bigger & Harman About Contesting a Following Too Close Ticket in Placerville Courthouse
If you are considering contesting a following too close ticket in Placerville Courthouse in El Dorado County, CA, contact Bigger & Harman for an initial consultation at (661) 349-9300 or email attorney@biggerharmanlaw.com.
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.