Although there are times when disputing a commercial vehicle lane violation with a Trial By written Declaration (TBD) could be the best option. However, the only way to determine that is to give a CA traffic attorney the facts during a free consultation.
Despite the driver’s ability to complete and file the TR-205 to the court, there are some compelling reasons to allow a CA traffic attorney to complete it for you.
The most compelling reason is self-incrimination.
Many drivers inadvertently admit guilt by saying, “I was going 68, but I was just keeping up with other truckers.” Or, “I was in the third lane but only for a few seconds to pass another slow moving vehicle.”
Another is that some things you believe to be legal or sound convincing are not. In other words, a knowledgeable and experienced attorney knows the legal terms the judge expects on a TBD.
A traffic attorney can subpoena the officer’s statement and argue specific points.
Bigger & Harman offers commercial drivers a free, no-obligation initial consultation to examine their charges and the situation to determine the optimal approach.
Should I Fight a Commercial Lane Violation in Riverside County Traffic Court?
If it’s a moving violation, a commercial driver’s license (CDL) holder typically has no choice but to dispute it.
Likewise, even though a commercial lane violation is an infraction and carries a fine of around $238, it is a moving violation that will be assessed 1.5 negligent operator treatment system (NOTS) points with a paid fine.
CA Vehicle Code (VC) Section 22348(c), Speed Laws, states:
“A vehicle subject to Section 22406 shall be driven in a lane designated pursuant to Section 21655, or if a lane has not been so designated, in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb.”
Fleet managers are charged to keep the fleet’s insurance premium low, and sometimes, the only tool they have is to terminate drivers with moving violation convictions.
Every moving violation conviction is reported to the DOT FMCSA by the CA DMV. When the FMCSA receives it, they assign Compliance, Safety, and Accountability (CSA) severity points and file those in the carrier’s Safety Measurement System (SMS) record and the driver’s Pre-employment Screening Program (PSP) record.
If the conviction matches another in that BASICS category within the previous six months, it is multiplied by three, and violations within seven months to one year are multiplied by two.
These violations count against the carrier’s SMS percentile for up to two years and the driver’s PSP for three.
Therefore, CDL holders should always dispute a commercial vehicle lane violation or other moving violation in court with the help of a traffic attorney if that is the best option.
Don’t take the chance of submitting a TBD you filled out yourself. Ask Bigger & Harman for reliable legal advice and counsel.
Consult Bigger & Harman About a Commercial Vehicle Lane Violation in Riverside County, CA
If you have a commercial vehicle lane violation on Interstate 5, 8, 10, 40, or 215 in Riverside County, call us at (661) 349-9300—Se habla Español 349-9755. We can also help with Punjab.
Use our handy online contact form or email us at attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
CA VC Section 22348(c), Speed Laws.