Protect Your Driving Privileges Fight Your Ticket With Bigger & Harman Today

undefinedTypically, the only time a trucker or charter bus driver thinks about a commercial driver’s license (CDL) traffic attorney is after receiving a traffic violation in their commercial motor vehicle.

Although that is the most opportune time to consult a CDL traffic attorney, it is not the only time you might need their services. A commercial driver should consult a traffic attorney when they have too many negligent operator treatment system (NOTS) points and need representation at a DMV NOTS hearing to get more leeway based on the added risk of violations from driving thousands of miles per week. Yes, that is an issue with a possible legal solution.

CA Vehicle Code (CVC) Section 12810.5Issuance and Renewal of Licenses, allows the DMV to consider miles driven. “In applying this subdivision to a driver, if the person requests and appears at a hearing conducted by the department, the department shall give due consideration to the amount of use or mileage traveled in the operation of a motor vehicle.” 

The board can allow more NOTS points based on commercial vehicle driving. “However, the higher point count does not apply if the department reasonably determines that four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months are attributable to the driver’s operation of a vehicle requiring only a class C license, and not requiring a certificate or endorsement, or a class M license.”

This is an excellent use of the legal services available from a CDL traffic attorney because, without the additional leeway, the driver might not be able to drive commercially and earn a living.  

What Can a CDL Traffic Attorney Do for Me in Placer County Traffic Court?

In addition to a DMV NOTS hearing or another issue with the DMV, a CDL traffic attorney can resolve traffic violations such as:

  • Speeding
  • Reckless driving
  • Cell phone violations
  • Following too closely
  • Unsafe lane changes
  • Railroad crossing violations

All of the above could be DOT FMCSA “serious offenses” that could result in a 60-day driver’s disqualification upon a second conviction—except for an illegal railroad crossing. A first-time railroad crossing conviction will most likely result in an immediate 60-day disqualification. 

A CA traffic attorney could also resolve traffic tickets for:

  • Bypassing a scale or open weigh station.
  • Wrong routes or no map while hauling explosives.
  • Lane violations
  • Overweight truck
  • Hours of service violations
  • Illegal U-turns.
  • Red light or stop sign tickets.
  • Emergency equipment shortcomings.

These is more than one way a CDL traffic attorney can assist you in resolving legal issues. Many believe it is cheaper and more convenient just to pay the fine. However, that’s rarely the case with a CMV driver. Their livelihood could very well depend on a traffic attorney’s ability to mediate justice.

When you pay the fine for a first traffic ticket, the second might just leave you on the sidelines working on your resume because no trucking firm will hire you with a DOT FMCSA serious offense, or they only want to pay you 25 cents a mile with no benefits. You might as well work at McDonald’s; at least you can go home after your shift. 

When Should I Consult a CDL Traffic Attorney?

The CDL holder is held to a higher standard than their Class C driving peers. Many DOT FMCSA rules, and traffic violations could lead a driver to a driver’s disqualification. Therefore, the stakes and risks associated with a commercial driver’s traffic ticket require the level of experience that only a practicing traffic attorney has. With so much to lose, including their career, a commercial driver should always get a traffic attorney involved.  

Whenever you receive a traffic ticket in your CMV or privately owned vehicle (POV). Whichever vehicle you get a conviction driving, you must report that conviction to your employer. In most cases, fleet managers will not do anything with a conviction in your POV. 

However, some fleet managers will consider your conviction in a POV as a warning for them that you are irresponsible, that they avoided the Compliance, Safety, and Accountability (CSA) severity points, and perhaps, a higher fleet insurance premium if they already have a high Safety Measurement System (SMS) percentile. When the fleet insurance premium gets too high, they might lose their job, so they look for ways to protect themselves, and terminate the bad apple. Fair or not, it happens.

Even when you receive your first illegal cell phone use traffic ticket. Before July 2021, a cell phone ticket was merely a fine with no NOTS points; since then, a second cell phone conviction or paid fine will be assessed 1.5 NOTS points in your CMV, and the FMCSA will be notified, which could result in a 60-day driver’s disqualification. Don’t risk it. Consult a CDL traffic attorney the first time you get ticketed, it might be easier to get dismissed than a second. If it does get dismissed, there’s no risk of a second.  

Bigger & Harman Are CDL Traffic Attorneys Who Resolve Tickets in Placer County Traffic Court 

When you receive a CDL traffic ticket on I-80 in Placer County, call Bigger & Harman, (661) 349-9300. 

We are traffic ticket attorneys who can assist CDL holders in resolving traffic issues in Placer County Traffic Court and at a DMV NOTS hearings.   

Se habla Español (661) 349-9755.



The 2019-2021 CA Commercial Driver Handbook.pdf

The FMCSA CFR 49 Part 383.51Driver Disqualifications

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

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