Except for hazardous material drivers, most commercial drivers who receive a traffic ticket operating a CMV are issued a citation for a minor moving violation. However, unlike their non-commercial driving peers, a moving violation threatens their livelihood.
Why They Need a CA Attorney When They Get a Traffic Ticket Operating a CMV
When it comes to receiving a traffic ticket while operating a Commercial Motor Vehicle (CMV), the consequences can be serious, both for their driving record and their career.
That's why it's crucial to understand that you need a CA traffic attorney when facing an allegation of even a minor traffic violation.
Our team specializes in representing commercial drivers in these challenging cases. We know that a traffic ticket operating a CMV can jeopardize your career, so we work tirelessly to help you navigate the legal process and minimize the impact on your livelihood.
One of the key methods we use to assist commercial drivers is by negotiating with the traffic court judge to potentially reduce the charges to a non-moving violation with no points but a higher fine or get the charges dismissed, possibly. Some courts refuse to allow any negotiation which means that beating the ticket is the only good option.
However, it's essential to note that there are no guarantees in legal proceedings. Nevertheless, having an experienced attorney on your side improves your chances of a favorable outcome.
Any conviction of a moving violation for a commercial driver can have grave consequences.
Once the CA DMV receives word of your conviction from the Roseville Traffic Court, they assess 1.5 Negligent Operator Treatment System (NOTS) points for a minor infraction.
That information is then relayed to the DOT FMCSA, who will assess CSA severity points and file them in the driver’s Pre-employment Screening Program (PSP) record for three years.
If terminated from their current driving position, any new fleet they apply to must consider their PSP. A clean driving record can also be a valuable negotiating tool when discussing pay and benefits.
Speeding Is a Common Traffic Ticket Operating a CMV
One of the most common traffic tickets commercial drivers receive while operating a CMV is speeding.
The fines for these violations can be substantial, ranging from $366 to $800 for commercial drivers, depending on the mph over the limit or safe driving speed and the circumstances. In contrast, most non-commercial drivers typically pay only $237 to $490 for similar offenses. This discrepancy can be financially burdensome for commercial drivers.
Additionally, commercial drivers are subject to more severe penalties in terms of NOTS points. While non-commercial drivers might receive one NOTS point for a speeding ticket or other minor infraction, commercial drivers face 50% more NOTS points for the same violation.
These points can accumulate quickly and lead to potential suspension/probation of your driving privileges in CA. Once your driver’s license is suspended, you must fight to get approved for a restricted license to allow you to drive your CMV, which could mean you can’t earn a living while waiting for a court date.
Three Unsuspected Minor Infractions That Are FMCSA "Serious Offenses"
Aside from speeding, three unsuspected minor infractions can have profound consequences for commercial drivers.
These include following too closely, making an unsafe lane change, and illegal cell phone use. In CA, these are minor infractions; however, the DOT FMCSA views them as “serious offenses” for commercial drivers.
These infractions are particularly risky because a second conviction within three years of the first can trigger a 60-day driver disqualification. This can be devastating for anyone relying on their commercial driver's license for their livelihood.
Consult Bigger & Harman About Challenging a Traffic Ticket Operating a CMV
Receiving a traffic ticket while operating a CMV is a serious matter that requires immediate attention and legal representation.
Our team of experienced traffic attorneys is here to guide you through the process, negotiate on your behalf, and strive for the best possible outcome. We understand the unique challenges commercial drivers face, and we are committed to protecting your career and livelihood.
Contact Bigger & Harman for an initial consultation at (661) 349-9300 to discuss your case and learn how we can assist you in facing a traffic ticket operating a CMV. We offer a free consultation and a flat fee to resolve your traffic ticket.
Email attorney@biggerharmanlaw.com.
Or use the convenient online contact form.
Download our e-book, Protecting Your Commercial Driver License.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook.