If you're wondering, "who can help with a distracted driving ticket in a CMV near me?"—you’re not alone. Many commercial drivers cited on I-5 in Merced, CA, face the same challenge.
Ignoring the ticket or simply paying the fine might seem easier, but the long-term consequences could cost you your CDL and career.
The answer to who could be Bigger & Harman. We have more than a decade of helping commercial drivers resolve tickets in traffic courthouses across California. Perhaps we can assist you as well.
The easiest way to find out if our legal services are right for you is to call (661) 349-9300 or 349-9755 for Spanish translation services. We can also help with Punjab.
The good news is that the first consultation is free, and you are under no obligation to use our services or accept our advice. However, hundreds of drivers on Yelp recommend our services.
California Law on Handheld Device Use in Any Vehicle
CA Vehicle Code (VC) Section 23123.5, Driving Offenses mandates:
“A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.”
Under AB-47, Distracted Driving, California’s recent amendment to CA VC Section 23123.5, which applies to alldrivers, including commercial drivers in Merced County, you could be assessed 1.5 negligent operator treatment system (NOTS) points if convicted for distracted driving a second time within three years.
Here’s a paraphrase of both laws:
Using a handheld device in traffic, at a light, or a weigh station is illegal.
You must be parked to legally use a handheld phone.
Or, the device must be dash-mounted and operated by voice command or a single swipe.
Use of a handheld phone that doesn’t meet these standards can result in a citation and points on your driving record if convicted.
Download our e-book, Protecting Your Commercial Driver License.
What Are the Real Risks of Paying the Fine Without Disputing the Ticket?
A first offense fine might be just $150 with the court costs, assessments, and penalties, and a second jumps to $260. But the financial cost is just the beginning.
A second offense within three years also adds 1.5 NOTS points, and the DMV reports your second conviction to the DOT FMCSA. That sets in motion what could be a dangerous chain reaction.
A second conviction in three years? That is a “serious offense” and triggers a mandatory 60-day disqualification.
FMCSA rules are clear:
“Serious offenses require a minimum disqualification of 60 days and include the following: Violating laws relating to prohibiting texting or using a handheld mobile telephone while driving a CMV.”—49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
Subsequent violations incur longer periods of disqualification:
Third offense: 120-day ban
Fourth offense: One-year disqualification
Fifth offense: Lifetime CDL ban
Most drivers won’t make it past a second or third offense—especially fleet drivers. Employers typically won’t hold their jobs, considering there are fresh driver school graduates without Compliance, Safety, and Accountability (CSA) severity points that will raise their fleet insurance.
If you've received a ticket in Merced, CA, for distracted driving a commercial vehicle, it’s time to act.
Consult one of Bigger & Harman’s Merced County traffic attorneys to explore your legal options. We’re here to help you protect your CDL and move forward with confidence.
Contact Bigger & Harman to Learn Who Can Help with a Distracted Driving Ticket in a CMV Near Me
Contact Bigger & Harman, APC, at (661) 349-9300 or (661) 349-9755 (Spanish spoken) to schedule a free consultation with no obligation.
We understand the stress of dealing with citations while trying to meet deadlines. Many drivers ask, "Who can help with a distracted driving ticket in a CMV near me?" You don’t have to figure it out alone. Our Merced County traffic ticket attorneys serve commercial drivers cited along I-5 and other California freeways.
We know the local court system. We understand FMCSA guidelines. Most importantly, we know how much is at stake for you and your livelihood.
We routinely appear in Merced Courthouse to resolve traffic tickets on behalf of commercial drivers.
Use our friendly online contact form or email us at attorney@biggerharmanlaw.com.
References:
CA VC 23123.5, Driving Offenses and AB-47, Distracted Driving.
The DOT FMCSA Mobile Phone Restrictions Fact Sheet
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.