Although a following too closely ticket is only an infraction in CA, commercial drivers should not take it lightly.
This common traffic infraction, often called tailgating, has serious consequences for commercial vehicle drivers. This blog post will explore the risks and provide valuable insights for handling a following too closely ticket in Victorville, CA.
Following Too Closely Is an Infraction in CA
Tailgating or following too close is considered a traffic infraction in CA. Following too closely may seem like a normal infraction, but at the DOT FMCSA, it is a “serious offense.”
A conviction for following too closely in a commercial motor vehicle (CMV) carries a fine of about $237, but when the DMV receives notification of your paid fine, they will assess 1.5 negligent operator treatment system (NOTS) points to your CA motor vehicle driving record (MVR), and notify the DOT FMCSA.
What's more, commercial drivers ticketed in their CMVs are not eligible for the DMV traffic violator school (TVS) program, which allows other drivers to attend traffic school to keep points confidential from the public, such as insurance companies and employers.
The FMCSA Assesses CSA Points
The DOT FMCSA considers tailgating a serious offense according to DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
When notified by the DMV that you were convicted of following too closely, the FMCSA assesses Compliance, Safety, and Accountability (CSA) severity points. These points become part of your Pre-employment Screening Program (PSP) record and remain there for three years. A second serious offense in the same category will result in a 60-day disqualification.
Future employers must check your PSP before hiring, so a blemished record can jeopardize your job prospects and potential for benefits and income.
CMV Drivers with Following Too Closely Tickets Must Consult a CA Traffic Attorney
Given the serious repercussions of a following too closely ticket conviction, commercial drivers must dispute the charge, but we understand it is nearly impossible to turn down a load to attend court.
That’s why at Bigger & Harman, APC, we offer a free initial consultation even by phone or email.
Our skilled and experienced traffic attorneys can help you navigate the complexities of your case and work toward the best possible outcome. We can resolve your ticket in court without your presence, so you can keep delivering the cargo that stocks American stores.
While there are no guarantees in traffic court, a traffic attorney can advocate on your behalf, aiming to get the penalties reduced or even changed to a no-point, non-moving violation. In some cases, with the right legal strategy, securing a dismissal of the charges is possible.
In CA, traffic infractions are solely determined by a traffic court judge, and no prosecutor is involved. This policy means that our lawyers will negotiate directly with the judge to present your case effectively.
Confronting a following too closely ticket in CA as a commercial vehicle operator is a substantial matter.
Due to the financial penalties, NOTS points, and FMCSA's serious offense implications that can impact your career and livelihood, it is always prudent to consult a traffic attorney before paying the fine.
The future of your career as a commercial driver may hinge on this crucial decision.
Contact Bigger & Harman About Your Following Too Closely Ticket
Using the services of a traffic attorney is a proactive and critical step in mitigating these consequences and safeguarding your driving record. Although we cannot guarantee a favorable outcome in traffic court, we are unwavering in our commitment to pursuing the best possible resolution for your case.
When faced with a following too closely ticket in your CMV in Victorville Courthouse in San Bernardino County, CA, call us at (661) 349-9300, utilize our handy online contact form or email us attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook.
CA Vehicle Code (VC) Section 27103, Driving, Overtaking, and Passing.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.