The answer to the question should I dispute an illegal cell phone use ticket in my CMV in Truckee Traffic Court is complex and should only be answered by an experienced and knowledgeable traffic attorney.
One notorious spot for getting ticketed for using a cell phone is pulling into the weigh station on I-80 on Donner Pass in Truckee, CA. Another is not wearing a seatbelt.
Many drivers reach over to grab their logbook and shipping papers. Often, they’ll pick up their cell phone off the logbook momentarily and even before the inspection starts, they might have two citations for cell phone use and no seatbelt.
The entrance to the weigh station is still a legal roadway, and you are still driving your commercial motor vehicle (CMV) as you drive up.
“A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.”— CA VC 23123.5, Driving Offenses.
Should I Dispute an Illegal Cell Phone Use Ticket in My CMV in Truckee Traffic Court?
This is a question many commercial drivers face after being cited on I-80 in Nevada County, CA, for using a handheld device.
Ignoring the citation or simply paying the fine can lead to long-term consequences for your commercial driving career.
Here’s what you need to know.
Risks of Paying the Fine Without Contesting
Paying the fine for a first offense might seem like the easiest option.
However, doing so can create future complications. A second ticket might be much harder to dismiss or reduce to a non-moving violation.
In Truckee, CA, the stakes are high for commercial drivers facing these violations.
A second ticket for illegal cell phone use in a commercial motor vehicle (CMV) leads to 1.5 Negligent Operator Treatment System (NOTS) points and a notification to the DOT FMCSA.
What Does California Law Say About Trucking Mobile Phone Use?
California’s AB-47, Distracted Driving, amended CA Vehicle Code (VC) Section 23123.5, which governs handheld device use.
Under this law, commercial drivers receive 1.5 NOTS points for a second offense.
Key points to remember:
The law applies even when you’re caught in traffic, at a red light, or pulling into a weigh station, but not in cases of an emergency.
Your CMV must be parked to use a handheld device legally.
Using a handheld device that isn’t mounted or operated with voice activation or a single swipe is prohibited.
There are two easy methods to circumvent illegal cell use in your CMV:
Mount the phone on the dashboard close enough so the driver can use it with the single swipe of a finger.
Use the onboard communication system or electronic logging device (ELD).
Avoiding Convictions for Illegal Cell Phone Use
Preventing a first offense is the best way to avoid severe penalties.
However, consult an experienced CDL traffic attorney if you've already been cited. They can challenge your ticket in Truckee traffic court and potentially secure a dismissal or reduction.
FMCSA and Serious Offenses
While the fines for a first or second offense are manageable ($150 for the first & $260 for the second), the bigger issue is AB-47 and FMCSA regulations.
A second conviction within three years could result in a minimum 60-day driver disqualification.
FMCSA guidelines state: “Serious offenses require a minimum disqualification of 60 days and include the following: Violating laws relating to prohibiting texting or using a handheld mobile telephone while driving a CMV.”—49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
Repeated violations lead to:
Third offense: 120-day disqualification.
Fourth offense: One-year ban.
Fifth offense: Lifetime disqualification.
However, fleet drivers will likely never see a third offense with the same firm. Most employers won’t hold positions open during disqualification periods, and multiple offenses can end or seriously delay your career.
Likewise, with a “serious offense” on their Pre-employment Screening Program (PSP) will likely not get hired by a reputable firm, and if they do, it will be difficult to negotiate good pay and benefits.
Protect Your Career
Are you facing a ticket for illegal cell phone use while driving a CMV on I-80 in Nevada County, CA? Consult a CDL traffic attorney.
They can possibly:
Negotiate to reduce charges to a non-moving violation.
Build a strong defense for trial.
Help you avoid moving violation penalties that threaten your livelihood.
Don’t let a ticket jeopardize your CDL.
Act today to protect your career and your future.
Ask Bigger & Harman: Should I Dispute an Illegal Cell Phone Use Ticket in my CMV in Truckee Traffic Court
Ask Bigger & Harman should I dispute an illegal cell phone use ticket in my CMV in Truckee Courthouse in Nevada County, CA, at (661) 349-9300—Se habla Español (661) 349-9755.
We can also help with Punjab.
Email us at attorney@biggerharmanlaw.com, or use our contact form to schedule a free initial consultation to discuss your options.
Download our e-book, Protecting Your Commercial Driver License.
References:
CA VC 23123.5, Driving Offenses and AB-47, Distracted Driving.
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DOT FMCSA Mobile Phone Restrictions Fact Sheet