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Disputing that Following too Closely in Your CMV Ticket

undefinedMost will tell you that you must dispute every ticket as a commercial driver’s license (CDL) holder. Whereas that is technically correct, it’s not the best advice. Before you decide to dispute a following too closely ticket in your CMV or pay the fine, you should consult a traffic attorney.

Another consideration for disputing a following too closely ticket is that it is an FMCSA “serious offense.” A subsequent conviction of the same serious offense in a separate incident within three years leads to an FMCSA driver disqualification of 60-days. Chances are your fleet manager will not wait the two months to replace you behind the wheel. 

Some traffic tickets are not easily winnable, and you could be wasting time and money chasing a court case. However, the best method to win a dispute in court is to raise a “reasonable doubt” with the judge, and this is much easier to do with an accomplished traffic attorney than many other traffic tickets because following too closely is often a “subjective appraisal” of the situation by the law enforcement officer (LEO).

What do we mean by subjective appraisal? It is simply what the LEO thought they saw. How many times in the course of a trip do you get cut off by a four-wheeler? Quite often, right? The Prius driver sees the flashing lights of a massive SUV behind them, and they pull back in too soon.

The LEO sitting in a turn-off a mile or so ahead might miss the fact that the driver cut back in too soon. They only saw that you are following too closely, pull you over, and ticket you.

Were You Following Too Closely in Your CMV or Did You Get Cutoff?

That’s where the service of an experienced and knowledgeable traffic attorney comes in handy. Sure, you could go into court, tell the judge what happened, and hope they believe you or that the LEO doesn’t show up for the trial. It does happen, but not as much as it used to now that they get paid overtime for court cases if they are off-duty. 

What’s more, taking two days off to attend an arraignment, plead guilty, and come back for your day in court will likely cost you more than a CA traffic attorney who uses a flat rate to resolve traffic tickets in Nevada County Traffic Court in Truckee, CA, regardless of the number of court appearances they must make.  

When you have an attorney who asks the LEO, “Isn’t it possible that the Prius cut my client off when the driver pulled back in after passing the CMV and applied the brakes, and you missed it?”  Some judges will find reasonable doubt. 

Regardless of your situation or how guilty you think you were, consult a traffic attorney who provides a free initial consultation.

Bigger & Harman Are CA Traffic Attorneys Who Have Experience in Truckee Traffic Court

When you get a traffic ticket out there on Interstate 80 making a run to the Oakland Port, call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.

We are traffic attorneys who handle only traffic, roadside inspection violations, and DMV hearings to assist commercial drivers keep a clean driving record. Give us a call or send us an email. 

Email: attorney@biggerharmanlaw.com

References:

The 2019-2021 CA Commercial Driver Handbook.pdf