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One of the most dangerous trends on America’s highways is the brake check.
“Brake checking is a dangerous driving maneuver where a driver suddenly stops their car, forcing the car behind them to brake or swerve to avoid a collision. It's a form of aggressive driving that can happen during road rage incidents or when someone is tailgating.”—All Car Leasing.
Brake checking a semi-truck is not only dangerous but also not very intelligent. These trucks take nearly a football field’s length to stop when going 55 mph.
The last thing you want is an 18-wheel, 80,000-pound vehicle crashing into the back of your Prius. Even a huge SUV could be totally destroyed when 40 tons of truck hit its rear bumper.
Brake Checking Is Illegal & Could Get You a Misdemeanor Reckless Driving Charge in CA
Many drivers brake check for these three reasons:
Road rage.
Insurance scams.
They felt they were being tailgated.
Understandably, road rage happens, but how you deal with it could save you thousands in fines and a possible trip to jail or probation in CA.
You might think it’s smart to have a commercial vehicle backed by a rich corporation give you a big cash settlement for your car and “pain & suffering,” but you can’t collect anything if you’re dead. Just don’t do it!
In many cases, commercial drivers do not follow too closely (tailgate).
Following too close is a “serious offense” at the DOT FMCSA, which can lead to a minimum 60-day driver disqualification for a second conviction.
Commercial drivers do not want that on their driving record or Pre-employment Screening Program (PSP) record for three years.
It can negatively affect their ability to negotiate pay and benefits with their current employer and make it difficult to get hired by a new trucking firm.
Don’t Mess with Semi-Truck / Brake Check & Road Rage Situations
What to Do If You Are Ticketed for Following Too Close (Tailgating) in Woodland, CA
The first thing most commercial driver’s license (CDL) holders do is consult a CA traffic attorney with experience in Woodland Courthouse in Yolo County.
There are several benefits for a driver who consults and hires a traffic attorney:
They can represent you in court while you keep driving.
They could negotiate an alternate charge that is not a serious offense or a moving violation. If there are no pointsfor the offense, the DMV and FMCSA are not notified.
They could request a full dismissal based on the circumstances, such as if the other driver was brake checking.
In court, they could raise the level of “reasonable doubt” to get a favorable outcome.
CDL holders should always consult a traffic attorney to determine whether they should dispute the charge of following too close/tailgating.
It is wise for commercial drivers to find out their options before paying the fine and taking the blemish on their driving record and PSP.
“Bigger & Harmen APC are outstanding attorneys. I have a CDL license and received a minor traffic ticket in California and did not need any points on my license since I have a clean driving record. These attorneys got it dismissed. I highly recommend them and will use again if needed. Outstanding service. A big thank you.”— Jarrette S.
Download our e-book, Protecting Your Commercial Driver License.
Consult Bigger & Harman About Following Too Close/Tailgating in Woodland, CA
Call Bigger & Harman at (661) 349-9300—Se habla Español 349-9755 if you need help resolving a following too close/tailgating charge in Woodland Courthouse in Yolo County, CA, to avoid a possible scar on your clean PSP.
Email: attorney@biggerharmanlaw.com. Or try our easy-to-use online contact form.
References:
CA VC Section 21703, Additional Driving Rules.
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.