The following violations are considered DOT FMCSA “serious offenses” that commercial drivers should hire a CA traffic attorney to resolve:
Reckless driving
Excessive speeding 15 mph or more over the limit or safe speed and speeding in a construction zone.
Illegal cell phone use
Following too close (tailgating)
Unsafe or erratic lane changes
Railroad crossing violations
Driving a commercial motor vehicle (CMV) without a commercial driver’s license, learner’s permit (CLP), or endorsement.
Violating a control device that leads to a fatal accident.
Subsequent convictions of these violations within three years of the first will result in a driver disqualification:
Second conviction minimum 60-days
Third conviction minimum 120-days
Fourth conviction minimum one-year
Fifth conviction lifetime ban from driving a commercial vehicle
Chances are that a fleet manager will not hold a driver’s position for a driver after they receive a driver disqualification.
Their Safety Measurement System (SMS) percentile rises for every Compliance, Safety, and Accountability (CSA) severity point and time-weight multiple.
Therefore, it is beneficial for the fleet manager to avoid a fleet insurance premium rise by terminating the driver, thus removing those points from their DOT number and SMS percentile.
A DOT FMCSA serious offense can jeopardize a commercial driver’s career and earning potential.
Even a minor traffic violation for non-commercial drivers can escalate into severe penalties under federal regulations.
Professional drivers in Woodland, Yolo County, CA, must understand the consequences and seek legal assistance promptly.
In California, the DMV assesses 1.5 or three NOTS points for commercial motor vehicle (CMV) violations.
Once notified of a conviction, the DMV informs DOT FMCSA. This triggers federal penalties, including Compliance, Safety, and Accountability (CSA) severity points that remain on a driver’s Pre-employment Screening Program (PSP) record for three years.
A second DOT FMCSA serious offense conviction within three years leads to a minimum 60-day disqualification. This can make it difficult to secure employment, as fleets often use PSP records to determine pay and benefits.
Although all DOT FMCSA serious offenses must be taken seriously, commercial must dispute the following or risk cutting their driving career short:
DOT FMCSA Serious Offense #1—Excessive Speeding
Excessive speeding—driving 15 mph or more over the CA statewide 55 mph speed limit is a misdemeanor in California and qualifies as a DOT FMCSA serious offense.
Speeding in construction zones is similarly penalized. A second conviction within three years mandates a minimum 60-day commercial driving disqualification.
Commercial drivers caught speeding 15 mph over the 55 mph limit for CMVs in California face potential misdemeanor charges.
DOT FMCSA Serious Offense #2—Reckless Driving
Reckless driving is a misdemeanor in California and a DOT FMCSA serious offense. This behavior breaches the trust placed in professional drivers and can lead to significant penalties. Drivers must consult an attorney immediately when charged.
DOT FMCSA Serious Offense #3—Violating a Control Device that Leads to a Fatal Accident
A control device is any traffic light or warning sign indicating a specific action, such as red lights or warning arrows indicating the driver should move to another lane. The driver could also face a civil lawsuit if convicted of this serious offense. Always consult a CA traffic attorney when charged or found responsible in an accident report.
DOT FMCSA Serious Offense #4—Railroad Crossing Violation
Although a railroad crossing violation is a serious offense, unlike others, if convicted, even for a first offense, the DOT FMCSA will initiate a minimum 60-day driver disqualification.
If accused of any of these four DOT FMCSA serious offenses, a commercial driver must consult a traffic attorney immediately.
Why You Need an Attorney to Resolve Accusations of a Moving Violation
Hiring an attorney can help protect your CDL and livelihood.
Experienced legal representation may lead to no-point convictions or a non-serious offense, reduced penalties, or dismissal of charges.
A traffic attorney understands federal and state regulations and can provide the best defense strategy for moving violations and DOT FMCSA serious offenses. Protect your career by seeking professional legal help immediately.
Contact Bigger & Harman to Resolve a DOT FMCSA Serious Offense in Truckee Traffic Court
If you are accused of a serious offense that must be resolved in Truckee Courthouse in Nevada County, CA, call Bigger & Harman, APC, at (661) 349-9300— Se habla Español 349-9755.
You can use our online contact form or email us at attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DMV Portal CA Commercial Driver Handbook.