Pulling over along the interstate because you are about to pass your eight hours without taking the mandatory 30-minute break could get you a non-emergency stop ticket in Riverside, CA. Most truck drivers and other CDL holders need to remember that an hours of service (HOS) violation does not constitute an emergency stop.
What Could Get You a Non-Emergency Stop Ticket in CA?
CA Vehicle Code (CVC) Section 21718, Driving, Overtaking, and Passing provides that, “No person shall stop, park, or leave standing any vehicle upon a freeway which has full control of access and no crossings at grade except:”
- To avoid injury to persons or the damage of property.
- When obeying a law enforcement officer (LEO) or traffic control device.
- When performing construction or maintenance on the freeway, or in the performance of their official duties for a city, county, or state agency.
- When a vehicle is disabled, and assistance has been called.
- When stopping, parking, or standing is explicitly permitted.
- To remove debris or impediments to traffic, including the towing of disabled vehicles by CHP authorized personnel.
- To render assistance or report an accident or injured on the freeway.
Stopping along the freeway when you are about to run out of driving time according to the DOT FMCSA HOS rules is not an emergency according to any of the above.
It is up to the driver whether to take the chance to stop. Being too tired to drive is an emergency in the minds of most sane people. But most judges will find you guilty and that you should have been able to make it to an exit before allowing yourself to get this sleepy.
Likewise, when you get a non-emergency stop ticket, you should consult a CA traffic attorney about disputing the ticket in court rather than accepting the fine and other penalties. What’s more, there is a penalty at the FMCSA level for every conviction of a moving violation. That could include Compliance, Safety, and Accountability (CSA) severity points for the driver and the carrier, leading to fleet management problems.
CDL holders should always consult a traffic attorney before deciding to pay the fine.
Bigger & Harman, APC, Resolve Traffic Tickets in Riverside County, CA
When you get cited for a non-emergency stop out there on I-10, call Bigger & Harman, (661) 349-9300.
We can assist CDL holders in resolving traffic tickets in Riverside County Traffic Court using a flat fee so that you will know how much it will cost for our representation. Although we cannot provide a guarantee, we can often get dismissals or reduced no-point convictions.
Also, we can assist drivers with suspension/probation notices from the DMV. Removal of one point or at-fault determination could make the difference and keep you driving. Give us a call.
Se habla Español (661) 349-9755.
The 2019-2021 CA Commercial Driver Handbook.pdf
CVC Section 21718, Driving, Overtaking, and Passing