Some of the most common moving violations for truckers in a commercial motor vehicle (CMV) include:
Speeding (this is the most common ticket everywhere, regardless of the vehicle driven).
Reckless driving
Unsafe lane changes
Following too close (tailgating)
Illegal cell phone use (talking and texting)
Certainly, there are others, and all commercial driver’s license (CDL) holders should discuss these violations and other traffic tickets with a knowledgeable and experienced traffic attorney before deciding to dispute the ticket or pay the fine.
Many commercial drivers believe they have little other choice because they can’t afford to turn down a load to dispute a ticket in court.
Likewise, many believe a lawyer will just add expense to an already expensive CA traffic ticket.
However, a CA traffic attorney who uses a free initial consultation could reveal a simple defense to get either the ticket dismissed or reduced to a non-moving violation.
Common Non-Moving Violations for Truckers
Some of the most common non-moving violations for truckers in a CMV or personal vehicle include but are not limited to:
Parking
Parking on a bridge
No seatbelt
A coasting violation
Passing a scale or failing to weigh-in (however, these could be tried as a misdemeanor crime and depending on what code is used, could carry 1.5 points.)
No proof of insurance, registration, or license in possession (Remember, driving without your CDL in a CMV is a serious offense)
A first conviction or paid fine for illegal use of a mobile device, the second will trigger 1.5 negligent operator treatment system (NOTS) points
An experienced traffic attorney can often negotiate a non-moving violation with the traffic court judge, as many understand that a moving violation conviction can cripple a trucker who is only doing their job.
Likewise, most non-moving violations are not assessed NOTS points, so the DOT FMCSA is not notified of the violation, which means no Compliance, Safety, and Accountability (CSA) severity points for the trucker or the carrier.
This non-notification can be crucial. Many fleet insurance providers use the FMCSA’s Safety Measurement System (SMS) percentile to determine the fleet’s premium, and a too-high percentile (over 74) can lead to FMCSA sanctions and interventions.
Always consult a CA traffic attorney before deciding to dispute a moving violation for truckers or pay the fine for a traffic ticket.
Consult Bigger & Harman About Moving Violations for Truckers in Woodland, CA
If ticketed for a moving violation that must be resolved in the Woodland Courthouse, contact the CA traffic professionals at Bigger & Harman to assist in disputing these moving violations for truckers.
Choose Bigger & Harman, APC, for Protecting Your Commercial Driver License.
Contact us at (661) 349-9300 — Se habla Español (661) 349-9755 or use our user-friendly contact form or email attorney@biggerharmanlaw.com.
References:
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DMV Portal CA Commercial Driver Handbook.