Serious offenses as a commercial driver can lead to driver disqualifications and other devastating consequences.
Drivers risk losing their careers if they don’t dispute violations. Legal representation by a knowledgeable and experienced local traffic attorney is crucial to navigating these challenges effectively.
What Are Serious Offenses for Commercial Drivers?
According to FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers, serious offenses include:
Reckless driving.
Illegal cell phone use (talk or text).
Unsafe lane changes.
Following too closely.
Speeding 15 mph or more over the limit (Excessive Speeding) or in construction zones.
Operating a CMV without proper credentials (CDL, CLP, or endorsement).
Traffic control violations that cause fatal collisions.
And, Railroad Crossing offenses.
Railroad crossing violations trigger immediate disqualification after a single conviction or fine. For other offenses, a second conviction within three years results in a 60-day disqualification.
Why Commercial Drivers Must Dispute Serious Offenses
The FMCSA tracks serious offenses and assesses penalties through the Compliance, Safety, and Accountability (CSA) program, the Safety Measurement System, and the driver’s Pre-employment Screening Program (PSP) record.
California convictions lead to DMV notifications, CSA severity points, and PSP record updates. These records stay for three years for the driver and two years for the carrier.
Consequences could include:
Lower earning potential. A clean driving record is a powerful negotiation tool for drivers to request better pay and benefits.
Increased fleet insurance premiums.
DOT FMCSA interventions for high SMS percentiles include more frequent roadside and policy and procedure inspections for those carriers with a percentile above 50.
Disputing serious offenses as a commercial driver is essential to protecting your career and reputation. Consulting a traffic attorney can prevent long-term damage.
How a Traffic Attorney Can Help
A CA traffic attorney’s experience benefits commercial drivers facing serious offenses in numerous ways.
Attorneys understand court processes and CA Vehicle Code requirements, helping drivers challenge allegations effectively. They can:
Represent drivers at arraignments and trials.
Negotiate for reduced charges, such as non-moving violations.
Request dismissals when evidence lacks merit.
Why You Need a CA Traffic Attorney to Resolve a Ticket for a Serious Offense
Hiring a traffic attorney offers several advantages.
Attorneys can craft defense strategies, leveraging their knowledge of CA law and local courts.
They may negotiate reduced fines and penalties or seek outright dismissals. Their experience and knowledge of local courts are crucial.
They can help preserve your livelihood, especially when faced with serious offenses as a commercial driver.
In Woodland, Yolo County, CA, legal guidance ensures the best possible outcome for your case.
Consult with Bigger & Harman If You Have Been Ticketed for Serious Offenses as a Commercial Driver
If you have been accused of one of the above serious offenses as a commercial driver that needs to be resolved in Woodland Courthouse in Yolo County, call Bigger & Harman, APC, at (661) 349-9300—Se habla Español (661) 349-9755.
We offer commercial drivers a no-obligation, free initial consultation.
Use our user-friendly 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.