A following too close ticket in a CMV can derail a commercial driver’s career. We see these cases regularly in Fresno County, CA, especially on Interstate 5 (I-5) and truck stops outside Fresno.
Even if the fine feels small, the long-term damage to your record can be devastating. That’s why we talk directly with drivers about their options.
Why These Tickets Are About More Than Just the Fine
The fine in Fresno County is around $238. That might sound manageable, but the consequences extend much further.
A conviction means 1.5 negligent operator treatment system (NOTS) points. For a CDL holder, that triggers FMCSA notification and employer reporting.
“A CDL holder must notify their employer(s) within 30 days of conviction for any State or local law pertaining to motor vehicle traffic control (other than a parking violation). The notification must be in writing and include all information.”—49 CFR 383.31(c).
A commercial driver should be aware of the Driver’s License Compact, where other states, and even Mexico and Canada, agree to notify the home state of traffic violation convictions and FTAs.
Further, the California DMV Employer Pull Notice (EPN) program notifies employers annually of convictions or FTA, according to their motor vehicle driving record (MVR).
“The Employer Pull Notice (EPN) program enables commercial and government organizations to monitor the driving records of employees who drive for them. By monitoring their employees’ driving records.”—The DMV EPN Program.
Given all these notification programs, it is doubtful that your conviction will go unnoticed by your employer.
Don’t Just Pay and Move On
Many drivers believe that paying the fine for a following too close ticket in a CMV resolves the issue. It rarely does completely.
Paying the fine is the same as admitting guilt. That plea can follow you and lead to CA DMV license suspensions or FMCSA driver disqualifications.
Employer and Career Consequences
As stated above, through the CA EPN program and the FMCSA Pre-employment Screening Program (PSP) record, carriers can monitor every driver’s record. A conviction drags down the company’s SMS score.
That can mean higher fleet insurance costs, extra roadside inspections, and fewer future job opportunities if you are terminated by your current employer.
Plus, marks on your PSP can impact your ability to negotiate better pay and benefits.
Possible DOT FMCSA Action
The FMCSA treats following too closely as a “serious offense.”
Repeat convictions within three years can mean 60, 120, or even 365-day drivers’ disqualifications.
The Risk of Ignoring a Ticket
We’ve seen drivers ignore tickets, thinking nothing will happen. That often backfires and costs them more.
Miss a court date, and you risk an FTA charge, being found guilty in absentia, and even a bench warrant.
Consult a Lawyer Before Acting
Even lawyers hire traffic attorneys to fight tickets. Why? Because experience matters. Traffic attorneys are familiar with the CA traffic code and the court procedures.
In traffic court, there is rarely a request for delay. The attorney typically has five to ten minutes to present their case.
We review evidence, challenge inconsistencies, and aim for dismissal first, or negotiate no-point violations, when possible.
Legal Representation Helps You Stay on the Road
Commercial drivers often ask: “Can an attorney appear in Fresno County traffic court for me?” The answer is most often yes. Most often, we won’t require a driver to appear unless there is vital testimony only they can provide.
We can handle arraignments and trials, keeping you driving instead of missing days for court.
Contact Bigger & Harman About a Following Too Close Ticket in a CMV
If you have been issued a following too close ticket in a CMV that needs resolving in Fresno County Courthouse, call Bigger & Harman for a free, no-obligation consultation at (661) 349-9300—se habla Español 349-9755.
We encourage drivers to consult us about resolving their ticket before paying the fine and admitting guilt. Our goal is to protect your career, whether through dismissal, reduced charges, or no-point outcomes although Fresno makes it difficult to get non point deals for clients.
Call us today at (661) 349-9300 or 349-9755 (se habla Español). Email us at attorney@biggerharmanlaw.comor use our website's contact form.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: What is the fine for following too closely in a CMV in Fresno County?
A: The fine is about $238 and 1.5 NOTS points, but because the CA DMV notifies the FMCSA, the impact on your CDL is far more serious. The FMCSA considers following too close in a CMV a “serious offense.”
Q: Why is following too close in a CMV treated as a serious offense at the DOT FMCSA?
A: The FMCSA classifies it as a serious offense because an 80,000-pound vehicle has a longer stopping distance than a noncommercial vehicle and can cause serious damage, injuries, and even death. Repeat convictions within three years will result in driver disqualification or even a permanent ban from interstate driving with a CDL.
Q: What can a lawyer do to fight a following too close ticket in a CMV?
A: Traffic ticket attorneys can contest evidence, negotiate reduced charges in rare occasions, or seek a dismissal in Fresno County court. We view Fresno as a win or lose court and litigate with all of our resources to get a dismissal.
References:
The DOT FMCSA 49 CFR Part 383.31, Paragraph 6.2.7, Notifying Employer of Convictions.
The DMV Portal CA Commercial Driver Handbook.
The Employer Pull Notice (EPN) Program website.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
CA VC Section 21703, Additional Driving Rules.