The most important thing to know about disputing a ticket with a commercial driver’s license (CDL) traffic attorney is that it is crucial for all moving violations.
What’s more, it is vital to consult a traffic attorney regardless of the charge, as some traffic tickets might seem like harmless minor infractions that you can just pay the fine without serious repercussions.
But the truth is, all traffic tickets that result in points can be lethal to a commercial driver’s career.
NOTS Points, DOT FMCSA CSA Severity Points, and Your PSP
Some novice drivers might consider a non-emergency stop the equivalent of a parking ticket, but California courts typically consider this a moving violation with a 1.5 negligent operator treatment system (NOTS) points assessment, which is then forwarded to the DOT FMCSA.
At the FMCSA, they will assess Compliance, Safety, and Accountability (CSA) severity points and multiply those by a “time-weight.” If the conviction is for a similar violation within the previous six months, the multiple is three, and six months to a year is two.
These CSA points will affect the carrier’s Safety Measurement System (SMS) percentile for two years and remain on the driver’s Pre-employment Screening Program (PSP) record for three years.
Any marks against a commercial driver’s PSP affect their ability to negotiate pay and benefits. Recruiters must consider a nominee’s PSP before hiring them, per 49 CFR Part 391, Qualification of Drivers.
Plus, any minor infraction assessed 1.5 NOTS points will stay on the driver’s CA motor vehicle driving record (MVR) for three years, and 3-point assessments will remain for up to ten years.
Any accumulation of four NOTS points in a year, six within two years, and eight within three will result in an “Order of Suspension/Probation” from the DMV.
Therefore, it is in the best interest of the commercial driver to dispute every moving violation with a CDL traffic attorney.
Once again, some novice commercial drivers believe that if their CA driver’s license is suspended, they can apply for a restricted license to continue driving commercially. This is not true.
However, CA Vehicle Code (VC) Section 12810.5(b)(1), Issuance and Renewal of Licenses, allows commercial drivers, other than those with specific endorsements:
“…is presumed to be a negligent operator pursuant to subdivision (a), and who requests and appears at a hearing and is found to have a driving record violation point count of six or more points in 12 months, eight or more points in 24 months, or 10 or more points in 36 months is presumed to be a prima facie negligent operator.”
Hence, the commercial driver who receives notice of a suspension should contact a CDL traffic attorney to discuss their options immediately. But first, they should request a CA DMV NOTS hearing and a copy of their CA driving record.
The DMV can serve you by personal service or by mail. For NOTS Hearings the DMV will usually serve you by mail. You only have 14 days from the DMV mailing date to request a hearing. If you are served by a state official or peace officer in person, you only have 10 days to request your hearing. You can request a hearing by phone or by mail with your request postmarked by the due date.
How Can a CDL Traffic Attorney in Woodland in Yolo County Help a Commercial Driver?
Engaging an experienced attorney can help you avoid the challenges of handling traffic violations alone.
Moreover, it’s often financially inconvenient for commercial drivers to give up a load to sit in court waiting for arraignment and then arranging a trial date to return to dispute traffic tickets. Don’t go it alone!
CDL traffic attorneys are knowledgeable about commercial traffic laws and use this knowledge to secure better results.
They work to gather evidence that supports your case and often negotiate a reduced fine, a no-point conviction, or a full dismissal of charges—though there are no guarantees.
At Bigger & Harman, APC, we have extensive experience assisting truckers and other commercial drivers with traffic violations such as:
Unsafe lane changes
Illegal cell phone use
Railroad crossing violations
Following too closely
Avoiding weigh stations or non-emergency stops
The first five, excessive speeding, unsafe lane changes, illegal cell phone use, and following too close (tailgating), are serious offenses at the FMCSA level and could result in a driver disqualification.
*Trucks overweight by 4,501 pounds are a misdemeanor crime in CA.
We navigate the legal system on your behalf, working to protect your CDL, career, and livelihood.
CDL Traffic Ticket Defense for Commercial Drivers in Woodland and Surrounding Areas
We regularly represent clients facing commercial traffic tickets in Woodland and nearby areas.
Interstate 5 (I-5) is a big feeder for commercial tickets around Yolo and Sacramento Counties.
Our familiarity with local courts, procedures, and officers allows us to craft a strong, effective defense.
Partnering with us offers several advantages:
Experienced and knowledgeable representation backed by a high Avvo rating.
Flexible scheduling with Spanish and Punjabi-speaking services.
Personalized attention tailored to the unique aspects of your case
We are CDL traffic attorneys who only practice traffic law.
Consult Bigger & Harman’s CDL Traffic Attorneys in Woodland, CA, About Disputing a Ticket
If you need the assistance of a CDL traffic attorney for information about disputing a ticket in Woodland Courthouse, call Bigger & Harman at (661) 349-9300—Se habla Español (661) 349-9755.
Alternatively, you can use our online contact form or email us at attorney@biggerharmanlaw.com to set up a free consultation.
Download our e-book, Protecting Your Commercial Driver License.
References:
CA VC Section 22406 & 22406.1, Commercial Vehicle Speed Laws.
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 49 CFR Part 391, Qualification of Drivers.