Not only is the practice of cell phone use in a CMV (Commercial Motor Vehicle) dangerous to yourself and other drivers, but it can also negatively affect the commercial driver’s career.
In California, a first offense will cost the driver about $150. However, a second offense will cost around $260 and 1.5 Negligent Operator Treatment System (NOTS) points will be assessed.
AB-47, Distracted Driving, the amendment to CA Vehicle Code (VC) Section 23123.5, Driving Offenses, became law on 1 July 2021. It allows the DMV to assess one NOTS point for noncommercial drivers and 1.5 for commercials convicted for a second illegal cell phone use in a CMV ticket.
The DOT FMCSA Regards Illegal Cell Phone Use in a CMV a Serious Offense
Moreover, the DOT FMCSA regards this second offense as a “serious offense.”
“Serious offenses require a minimum disqualification of 60 days and include the following:
Violating laws relating to prohibiting texting or using a handheld mobile telephone while driving a CMV.”
Therefore, when the CA DMV receives the notice of your paid fine for a second cell phone use in a CMV, they will notify the DOT FMCSA, who might consider that a second conviction and impose a 60-day driver disqualification.
To avoid that possibility, CDL holders should dispute every illegal cell phone use in a CMV ticket. A commercial driver doesn’t want, nor can many afford, a two-month unpaid vacation from driving.
What’s more, most fleet managers will be upset by the possible fleet insurance rise and will not hold a driving position open for a disqualified driver for two months.
Plus, the conviction is recorded on the driver’s Pre-employment Screening Program (PSP) record for three years.
This scar on your PSP will negatively affect your chances of getting hired by a new fleet or the per-mile salary and benefits they will offer.
Always consult a CA traffic attorney when you receive an illegal cell phone use in a CMV ticket in Kings County, CA.
Contact Bigger & Harman About Every Illegal Cell Phone Use in a CMV Ticket
If you need help to resolve a cell phone use in a CMV ticket in Hanford Courthouse in Kings County, CA, never be reluctant to consult knowledgeable and experienced legal representation with Bigger & Harman, APC.
We have more than a decade of courtroom experience, and our Kings County ticket lawyers can dispute your charges and possibly preserve your clean driving record!
Our goal is to obtain a dismissal or lessen the charges to a nonmoving violation. We can often convince the traffic court judge to consider another violation unrelated to cell phone use.
Call us at (661) 349-9300— Se habla Español (661) 349-9755. Use our practical contact form or email us at attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
CA VC Section 23123.5, Driving Offenses.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DMV Portal CA Commercial Driver Handbook.