The answer to the question should I challenge an unsafe lane change in a CMV ticket in Truckee, CA, is typically yes.
Commercial drivers with traffic tickets on I-80 in Nevada County, CA, usually have no choice but to hire a CA traffic attorney to fight moving violations to maintain their clean driving record and the ability to negotiate better pay and benefits.
Almost all commercial driver’s license (CDL) holders get paid by the mile. The average driver earns 40 or 50 cents per mile, though some as much as 70 or as low as 25 cents.
Therefore, the ability to negotiate from a position of strength, a clean motor vehicle driving record (MVR) in CA, or a Pre-employment Screening Program (PSP) record is crucial.
Avoiding Fines, NOTS & CSA Severity Points, & Driver Disqualifications
Many truckers facing an unsafe lane change ticket just pay the fine to avoid the hassle.
But is that the best choice? If you’re wondering, should I challenge an unsafe lane change in a CMV ticket, the answer for most commercial driver’s license (CDL) holders is yes, you should.
The DOT FMCSA considers an unsafe lane change a “serious offense.”
A second conviction within three years could lead to a minimum 60-day driver disqualification.
If you already have one on your record, hiring a CA traffic attorney is your best option to fight the ticket in Truckee Traffic Court and possibly avoid a driver disqualification.
However, even if it’s your first offense, it’s still worth consulting a traffic attorney before paying the fine. Paying means admitting guilt, which can have long-term consequences for your CDL.
Furthermore, a paid fine for a moving violation will become part of your Pre-employment Screening Program (PSP) record for three years, which could affect your ability to negotiate pay and benefits.
What Does CA Law Say About Unsafe Lane Changes?
California law is clear about lane changes:
You must ensure it’s safe before moving left or right on the highway.
You must signal your intention to other drivers who might be affected by your move.
But sometimes, changing lanes quickly is the safest option.
If a car cuts you off, forcing you to swerve, or debris falls into your lane, moving might be necessary to avoid an accident. Unfortunately, an officer may see things differently.
According to CA Vehicle Code (VC) Section 22107, Turning and Stopping and Turning Signals:
"No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal..."
Should I challenge an unsafe lane change in a CMV if I made the safest choice possible and still got a ticket?
The quick answer is yes. You need to fight the officer’s interpretation of events. However, you should get a free initial consultation to determine what is the best option for your situation.
The Impact on Your CDL
CDL holders don’t have the option of traffic school. A conviction means:
1.5 NOTS points on your CA motor vehicle driving record (MVR)
Five CSA severity points, multiplied by time-weight factors
Impact on your fleet’s safety percentile and your PSP record
If another conviction occurs within three years, you will face a 60-day driver disqualification. A third within three years? 120 days. A fourth? One year. No trucker can afford to take that risk.
CA Traffic Ticket Attorney: Why You Need One
A CDL is your livelihood. Hiring a CA traffic ticket attorney to fight every ticket keeps your record clean, your job secure, and your earning potential high.
Fleet managers prefer drivers with clean Pre-Employment Screening (PSP) reports. The cleaner your record, the better the job opportunities, benefits, and pay.
If you're asking, should I challenge an unsafe lane change in a CMV ticket in Truckee, CA, the answer is yes. Don’t take the risk—consult a CA traffic ticket attorney today!
Contact Bigger & Harman to Resolve Your Moving Violation in Truckee Traffic Court
For the answer to the question should I challenge an unsafe lane change in a CMV, call Bigger & Harman, APC, at (661) 349-9300 — Se habla Español (661) 349-9755.
Use our contact form to set up an initial consultation, or email us at attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DMV Portal CA Commercial Driver Handbook.
CA VC Section 22107, Turning and Stopping and Turning Signals.