Often, commercial lane violation pitfalls do not end in CA without the assistance of a CA traffic attorney.
Although a lane violation in a commercial motor vehicle (CMV) is a minor infraction with a fine of $238, the DMV will assess 1.5 negligent operator treatment system (NOTS) points and notify the driver’s employer and the DOT FMCSA.
Although the driver must notify their employer of a moving violation conviction within 30 days, the DMV will notify them through the Employer Pull Notice (EPN) Program. Likewise, they notify the FMCSA of all moving violation convictions for commercial drivers.
The best way to avoid these notifications is to plead not guilty and let a CA traffic attorney dispute the commercial lane violation in court.
Why Spend the Money for a CA Traffic Attorney?
Navigating the legal complexities of commercial lane violations in CA can be time-consuming and frustrating for commercial drivers.
However, hiring an experienced traffic attorney can provide several benefits in disputing these violations:
- Knowledge of CA traffic laws & procedures: A traffic attorney possesses in-depth knowledge and experience disputing specific regulations governing commercial lane violations.
- Possible reduced no-point, non-moving convictions: A traffic attorney can negotiate with the traffic court judge to reduce the charge to a non-moving conviction that could be equivalent to a parking ticket.
- Possible dismissal: By disputing the violation, an attorney can strive to get the judge to agree to a dismissal of charges when the State has a weak case, or a technicality could present “reasonable doubt.”
- Representation in court: An attorney will represent the commercial driver in court proceedings, ensuring their rights are protected and presenting a strong defense against the violation.
- Increased chance of success: With their legal knowledge and experience, a traffic attorney can develop effective strategies to dispute a commercial lane violation, increasing the likelihood of a favorable outcome for the driver.
- Money savings: By hiring a CA traffic attorney to resolve a commercial lane violation, you could save money by allowing you to continue driving while they resolve your ticket. You won’t need to sit in court waiting.
In summary, hiring a CA traffic attorney to dispute a commercial lane violation could result in a non-moving violation or dismissal. When there is no moving violation, there are no points issued and no record kept.
Possible DOT FMCSA Pitfalls
When the DOT FMCSA is notified of the conviction of a moving violation, they will assess Compliance, Safety, and Accountability (CSA) points for the driver and the carrier.
For the carrier, the points will affect their Safety Measurement System (SMS) percentile rating, which in turn affects their fleet insurance premium and possible interventions, such as increased roadside inspections, from the FMCSA.
For the driver, the conviction will be recorded on their Pre-employment Screening Program (PSP) record, which could affect the driver’s ability to negotiate salary and benefits. Also, if terminated, recruiting trucking firms must consider the PSP before hiring a commercial driver.
Consult Bigger & Harman About Possible Legal Ways to Avoid Commercial Lane Violation Pitfalls
Contact Bigger & Harman at (661) 349-9300 if you need help possibly avoiding commercial lane violation pitfalls by resolving a commercial lane violation in Roseville Courthouse, or email attorney@biggerharmanlaw.com.
Alternatively, you can use our handy 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.