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How Can I Dispute a CDL Traffic Ticket in California if I am Not from Here?

undefinedIf you have a CDL traffic ticket, and you are not from California, you should hire a CA traffic attorney to resolve your ticket.

Bigger & Harman offer truckers and other CDL holders an initial consultation to discuss your CDL traffic ticket. We only practice traffic law in CA using a flat rate. That means you will know our exact fee before you agree to hire us.

What to Expect from Bigger & Harman, APC, the Bakersfield, CA, Traffic Ticket Team

When you hire Bigger & Harman to resolve your CDL traffic ticket, you can expect them to consider the best strategy on your case. We know how much it means to truckers to keep their records clean. That is why on some cases we will subpoena state evidence, calibration records for the devices the law enforcement officers (LEO) used to determine your speed, file documents, request extensions when needed, and appear in court on your behalf so that you can continue driving. Not every case is the same. Not every court, or officer, or charge, or circumstances are the same. That’s how we treat our cases.

They will use their knowledge and experience to negotiate a reduced charge, and they sometimes can get you a non point, where you pay a fine, but there is no point on your record. No record means, no Negligent Operator Treatment System (NOTS) points get assessed. These no-point convictions are sometimes like a parking ticket.

Many commercial speeding tickets get downgraded to a non-moving violation due to the ability of a traffic attorney to negotiate with a traffic court judge who understands that a conviction for a moving violation could end a driver’s career or ruin their chances of getting a higher-paying position with a scar such as this on their Pre-employment Screening Program (PSP) record. That ability to negotiate a no-point violation is an excellent reason to hire a traffic attorney.

CDL Traffic Tickets That Are DOT FMCSA Serious Offenses

However, when your CDL traffic ticket is a DOT FMCSA “serious offense,” it could be vital to get the first dismissed or reduced. The second conviction of a serious offense within three years of the first one will result in an FMCSA 60-day driver’s disqualification, and a third conviction within the same BASICS category within 36 months of the first will result in a 120-day disqualification.

However, if you get a second conviction and are a fleet driver, don’t count on the fleet manager holding your position open while you serve your 60-day disqualification. If they do, and you get a third, the chances are not very good that another high-paying fleet will hire you with that on your PSP record.

Therefore, it is a must for most drivers to hire a traffic attorney to resolve their CDL traffic tickets that are serious offenses, such as:

  • Excessive speeding—15 mph over the limit or any speeding where construction is ongoing, and signs are posted.
  • Unsafe lane changes.
  • Following too closely.
  • No CDL or CLP in possession while driving or without the proper endorsement.
  • Railroad crossing violations—although, the first conviction will get you a 60-day disqualification.
  • Reckless driving.
  • Illegal use of a cell phone.

Before AB-47, Distracted Driving, the amendment to CA Vehicle Code (CVC) Section 12323.5, Driving Offenses, a paid fine, or conviction wouldn’t be assessed NOTS points. Now, the second conviction will result in the DMV assessing 1.5 NOTS points, and they will forward it to the FMCSA, who will assess ten Compliance, Safety, and Accountability (CSA) severity points.

Therefore, whenever you have a CDL traffic ticket, you should discuss it with a traffic ticket attorney to determine your options.

Consult Bigger & Harman About Your CDL Traffic Ticket in Woodland, CA

When you receive a CDL traffic ticket on I-5 outside Woodland, CA, contact the office of Bigger & Harman by phone (661) 349-9300.

We are traffic ticket defenders who frequently represent CDL holders in Yolo County Traffic Court. We use a flat payment system so that you will know how much our fee is before you hire us to resolve your ticket.

Se habla Español (661) 349-9755.

Email: attorney@biggerharmanlaw.com.

References:

The 2019-2021 CA Commercial Driver Handbook.pdf

The FMCSA CFR 49 Part 383.51, Driver Disqualifications

CVC Sections 22107 & 22108, Turning and Stopping and Turning Signals, and Section 23123.5, Driving Offenses.