The first thing commercial drivers need to know is that most 180-degree turns in business or commercial districts, other than at an intersection, are illegal U-turns in a CMV.
“No person in a business district shall make a U-turn, except at an intersection, or on a divided highway where an opening has been provided in accordance with Section 21651.”— CA Vehicle Code (VC) Section 22102, Turning and Stopping and Turning Signals.
Many new commercial drivers unfamiliar with CA traffic laws can get caught off guard by a ticket for an illegal U-turn in a CMV within a business district.
While ignorance of the law isn't an excuse, there are defenses you can explore to get the ticket dismissed or reduced potentially.
Understanding What’s at Stake for CDL Holders
While the fine for an illegal U-turn might seem minor, the consequences for commercial drivers (CDL holders) can be significant. Here's why:
- Clean Driving Record: Maintaining a clean driving record is crucial for CDLs. Points from moving violations can lead to license suspension or disqualification.
- Pre-employment Screening Program (PSP): A negative mark on your PSP record with the Department of Transportation Federal Motor Carrier Safety Administration (DOT FMCSA) can affect future employment prospects.
- Fleet Insurance Premiums: Moving violations can increase fleet insurance costs, potentially impacting your job security if you're seen as a liability.
Potential Defenses for a CDL Driver
- No U-turn Made: You may have a strong case if you can demonstrate you didn't actually make a U-turn.
- The U-Turn Was Not in a Business District: The ticket could be invalid if the U-Turn wasn't within a designated business district.
- Necessary U-turn: In rare instances, a U-turn might be unavoidable due to unforeseen circumstances.
However, a driver will be at a disadvantage trying to defend their actions in traffic court with a knowledgeable traffic court judge presiding. Hiring a skilled and experienced traffic attorney could considerably level the playing field.
Why Consider Hiring a Traffic Attorney When Disputing an Illegal U-Turn in a CMV?
An experienced traffic attorney can analyze the specifics of your case and determine the best defense strategy. Here's how they can help:
- Negotiate Reduced Charges: An attorney may negotiate a reduced charge with no points, like a non-moving violation. This protects your driving record and minimizes the impact on your career.
- Potential Dismissal: Depending on the circumstances, your attorney might argue for a dismissal based on a valid excuse or technicality, or in an easy situation such as when the law enforcement officer who issued the ticket doesn’t show up for trial.
Free Consultation Available
Don't risk your CDL or career over a seemingly minor ticket, like an illegal U-turn in a CMV. Bigger & Harman offer free consultations, allowing you to discuss your options before deciding.
Contact Bigger & Harman About an Illegal U-Turn in a CMV in Roseville, CA
When facing an illegal U-turn in a CMV in Roseville Courthouse in Placer County, CA, contact Bigger & Harman today.
Call us at (661) 349-9300— Se habla Español (661) 349-9755.
Or utilize our handy online contact form or email us at attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
CVC Section 22102, Turning and Stopping and Turning Signals.
The DMV Portal CA Commercial Driver Handbook.