One area truck driver may not be passing though Mojave anytime soon, because the federal government declared him to be a roadway hazard.
When the driver was arrested for DUI in Illinois, he allegedly had a .31 BAC, which is almost seven times the legal limit. In issuing the order not to drive, the Federal Motor Carrier Association noted that the man had two other prior alcohol-related driving violations in Connecticut and one in Massachusetts.
The driver is “is unwilling or unable to cease operating a commercial motor vehicle while using alcohol,” according to the emergency order.
FMCSA SMS Scores
This man’s dilemma is no laughing matter. Rather, it serves as an important reminder about how much power the FMCSA wields. Any agency that can take away your livelihood with the stroke of a pen is not to be trifled with. Government watchdogs are not the only entities that keep a close eye on SMS safety scores. Insurance companies rely on them as well, to determine policy risk and, therefore, policy cost.
SMS scores cover a wide range of activities, including:
- Alcohol: The government also monitors infractions related to prescription drugs and other controlled substances.
- Unsafe Driving: This category includes almost all moving violations, like speeding and unsafe lane changes.
- Driver Fitness: Most states have very strict rules regarding hours of service and mandatory rest periods.
- Crashes: Just because you are faulted for a crash does not mean that you are legally liable.
Safety incidents in other states are considered alongside California violations.
Many times, negative reports are essentially recordkeeping violations, especially in areas like log books. The FMCSA has been known to revise scores even if information is turned over late, because SMS scores are designed to improve safety and not punish drivers.
The FMCSA generally uses law enforcement data to compile the scores. This information is sometimes inaccurate; for example, even if a driver takes care of a fix-it ticket, the infraction may still show up on the SMS report. An attorney can help ensure that your score is accurate, which helps keep more money in your pocket.
Getting Legal Help
The aggressive attorneys at Bigger & Harman, APC, are committed to giving individuals a voice when dealing with speeding and traffic tickets. Call today at 661-349-9300 or email firstname.lastname@example.org to receive the personal professional attention you deserve. En español, llame al 661-349-9755.