Many commercial vehicle (CMV) drivers in Truckee, CA, fall victim to myths and misconceptions surrounding tickets for speeding in a CMV.
These misconceptions, often fueled by truck stop gossip, can be incredibly costly, especially for new drivers. Maintaining a clean driving record is crucial for all commercial drivers, but even more so for those just starting out.
Rookie drivers with clean records already face challenges securing good per-mile rates with fleet managers. A moving violation within the first few years can be disastrous if not handled correctly.
Here are some of the most common misconceptions regarding speeding in a CMV:
Misconception #1: Traffic Schools Erase Speeding Tickets
False. California doesn't allow pleading guilty to a speeding ticket and attending traffic violator school (TVS) to keep it hidden from your employer.
This directly violates the DOT FMCSA standard requiring notification of your employer within 30 days of a moving violation conviction. You must notify your employer even about some traffic tickets received in your personal vehicle (POV).
Consulting a traffic attorney before paying the fine or contesting the ticket in court is vital.
Misconception #2: Fines and Penalties Mirror POV Violations
Partially True. While some fines for speeding in a CMV might be similar to POV violations, many are not.
Additionally, the DOT FMCSA may impose civil penalties. For instance, a second cell phone violation conviction in California costs roughly $260. However, the DMV assigns 1.5 negligent operator treatment system (NOTS) points to a commercial driver compared to one point for a private vehicle.
Furthermore, the DMV notifies the DOT FMCSA. While federal enforcement of the fine is rare, they can legally impose a $2,750 fine on the driver and up to $11,000 for the carrier who allows a driver to use a cell phone while driving. Moreover, there is a 60-day driver disqualification for a second conviction of a “serious offense.”
Always consult a CA traffic attorney before making assumptions.
Misconception #3: Out-of-State Speeding Tickets Don't Affect Your Job
False. DOT FMCSA regulations require notifying your employer within 30 days of any moving violation conviction, regardless of whether it occurred in your CMV or POV.
The Driver's License Compact (DLC) is a national program requiring member states to notify the home state of moving violations or failures to appear/pay (FTA/FTP).
The DOT FMCSA mandates notifying your employer within 30 days, and the Employer Pull Notice (EPN) Program will likely notify them anyway. Employers of commercial drivers are required to register new drivers in this program. The CA DMV also sends reports to employers for events like:
Annual registration anniversary
Moving violation convictions
FTA/FTP
Suspensions
Accidents
Any action against your MVR
Therefore, regardless of the state, all CDL holders should consult a traffic attorney after receiving a speeding ticket.
Misconception #4: LEO Errors Mean Automatic Dismissal
False. Many new CMV drivers mistakenly believe a speeding ticket will be dismissed if the officer cites the wrong CA Vehicle Code (CVC) section on the ticket. This can be a devastating mistake for new drivers.
Always consult a traffic attorney before deciding to challenge a speeding ticket in court.
Misconception #5: LEO Absence Guarantees Dismissal
Partially True. LEO presence isn't mandatory at arraignments. While you might think pleading not guilty and hoping for dismissal if the LEO isn't present is a strategy, the judge will likely set a future court date.
At trial, if the issuing officer doesn't appear, you or your attorney must request dismissal based on your right to face your accuser. Judges might continue the trial for the officer's arrival in some situations. However, an experienced attorney can usually argue against a continuance and potentially get the case dismissed.
Consult Bigger & Harman, APC, about Speeding in a CMV in South Lake Tahoe, CA
When you face a speeding in a CMV ticket in Truckee, CA, you need the facts in a straightforward and understandable manner. At Bigger & Harman, we are proud of our reputation with commercial drivers and offer a free, no-obligation initial consultation, by phone, email, or face-to-face.
Call us at (661) 349-9300. Se habla Español (661) 349-9755. Likewise, use our convenient contact form or email attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
The Driver's License Compact (DLC).
the Employer Pull Notice (EPN) Program.
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA CFR Part 383.31, Notification of Convictions for Driver Violations.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.