The wise commercial driver’s license (CDL) holder knows that disputing a following too closely ticket could save their career.
Following too closely is a “serious offense” at the DOT FMCSA. If convicted in CA, the DMV will notify the FMCSA and the carrier and driver will be assessed Compliance, Safety, and Accountability (CSA) severity points.
The carrier’s Safety Measurement System (SMS) percentile likely increases. The percentile is a complex measurement of their safety record that uses CSA severity multiplied by a time-weight that could multiply the severity point total by three if a similar conviction exists within the previous six months and by two if the conviction is six months to one year old.
A conviction one year or more in the past will remain on the carrier’s DOT safety record for two years but will not be multiplied by a time-weight.
The percentile is developed by dividing the total number of vehicles using the GOT number and the miles driven each month. A percentile of 50 or below is considered safe. However, 51 to 74 is marginal, and a percentile between 75 and 100 is unsafe.
Carriers with a marginal or unsafe percentile could be considered for further interventions by the FMCSA. Drivers using a DOT number with a percentile above 74 will be identified for roadside inspections at every open weigh station.
This could be a “catch-22,” as inspectors can typically find something wrong with any 18-wheeler. Likewise, these stops will jeopardize on-time delivery.
Therefore, many fleet managers will terminate a driver with even one moving violation and bring in a driver fresh out of school to lower their percentile.
Disputing a Following Too Closely Ticket
When the commercial driver with a following too closely ticket accepts the advice of a CA traffic attorney and disputes the violation in Roseville Traffic Court, they could get a reduced no-point, non-moving conviction with a fine and no points.
When there are no points, it’s like an expensive parking ticket. The county gets money for the treasury, and the CDL holder keeps a clean driving record. As long as the LEO did not notify the feds separately, the DOT FMCSA is not notified, nothing is filed in the driver’s pre0employment screening program (PSP) record, making it easier for the driver to negotiate a higher salary and better benefits.
CDL holders should always consult a CA traffic attorney before deciding a course of action.
Consult Bigger & Harman About Disputing a Following Too Closely Ticket in Roseville Courthouse
When you consider disputing a following too closely charge in Roseville Courthouse, 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.
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References:
CA Vehicle Code (VC) Section 27103, Driving, Overtaking, and Passing.
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.