Commercial drivers often ask us how disputing a CMV mobile phone ticket works when they get stopped near Stockton. A traffic ticket can shake your confidence and threaten your livelihood. We understand the stress.
Understanding the Risks Before Disputing a CMV Mobile Phone Ticket
Commercial drivers know how strict mobile phone rules are in California. The FMCSA treats conviction for state and local violations of its hand-held phone use as a “serious offense.”
One paid fine or conviction can scar a driver’s MVR and PSP for up to three years, hampering their negotiations for better pay and benefits.
Officers along I-5 and CA-99 watch for glowing screens and distracted driving. It takes only a moment for a law enforcement officer to believe you were using a device. Even reaching for a phone can appear suspicious.
Drivers tell us they never expected the ticket. They were shifting, adjusting mirrors, or getting paperwork. The officer saw something else. That is where we can help.
What Counts as Phone Use Under Federal Rules
Although the FMCSA’s Mobile Phone Use Fact Sheet is very specific about what is allowed, they typically bow to the state’s definition of what constitutes a violation.
This fact sheet nearly mirrors the California traffic code and vice versa on what is meant by using a mobile phone while driving a CMV:
- “Using at least one hand to hold a mobile phone to make a call.
- Dialing a mobile phone by pressing more than a single button.
- Reaching for a mobile phone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt.”— The FMCSA Mobile Phone Restrictions Fact Sheet.pdf.
The driver cannot hold the phone to talk or text. They cannot dial more than one button while driving.
We’ve seen drivers cited at night because an officer spotted a bright screen. Others were ticketed while stopped in traffic on SR-99.
The phone can wait. Make sure you are off the road and parked before using your cell phone.
How a Conviction Impacts Your CDL
A conviction under California’s distracted driving law hits hard. The CA DMV adds 1.5 NOTS points with a second conviction or paid fine and alerts the DOT FMCSA. It requires that you notify your employer within 30 days.
That one ticket can raise questions about your driving habits.
alerts the DOT FMCSA. Traffic ticket convictions (other than parking) require that you notify your employer within 30 days.
That one ticket can raise questions about your driving habits. Carriers worry about CSA severity points and SMS scores. Fleet managers often hesitate to keep drivers with repeated moving violations.
Your PSP record stores these convictions for three years. Fleet recruiters are mandated to review the driver’s PSP before hiring. A clean record matters.
Possible Serious Federal Penalties
Although rarely used except in fatal collisions, Federal law allows major civil penalties:
“Using a hand-held mobile phone while driving a CMV can result in driver disqualification. Penalties can be up to $2,750 for drivers and up to $11,000 for employers who allow or require drivers to use a hand-held communications device while driving.”—The FMCSA Mobile Phone Restrictions Fact Sheet.pdf.
Driver disqualification by the FMCSA is possible with repeat offenses. Most drivers cannot afford the minimum 60-day driver disqualification, nor can their carrier.
Why Drivers Should Consider Disputing a CMV Mobile Phone Ticket
Courts take these tickets seriously. So does the judge in Stockton Courthouse.
A CDL traffic attorney can challenge what the officer believed they saw. A strong legal defense can raise the level of reasonable doubt to get an acquittal, reduce the charge, or eliminate points.
Drivers should never pay the fine without exploring options with a CDL traffic attorney. Once the DMV reports the conviction to the FMCSA, it stays on your PSP for up to three years.
Common Mistakes Drivers Make After a Traffic Ticket
- Paying the ticket without consulting a traffic attorney.
- Representing themselves in court.
- Ignoring court dates.
- Not gathering evidence.
You do not need to fight this alone. We help drivers stay on the road and earning.
Contact Bigger & Harman About Disputing a CMV Mobile Phone Ticket
Drivers trust us because we focus on CDL traffic defense. We appear in Stockton Courthouse regularly. We understand local judges and how these cases work.
When you need help disputing a CMV mobile phone ticket, call Bigger & Harman, APC at (661) 349-9300 or 859-1177 (se habla Español). You can also use our online/secure contact form or email attorney@biggerharmanlaw.com.
Bigger & Harman regularly defends clients in Stockton Courthouse, call for a complimentary consultation without obligation.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: Do I need a lawyer when disputing a CMV mobile phone ticket in Stockton?
A: Not necessarily. However, CDL holders should always consult a traffic attorney before paying the fine. The damage to their record is so large that they should almost always fight it.
Q: What happens if I just pay the fine?
A: The DMV will assess 1.5 NOTS points for a second paid fine or conviction and could notify the FMCSA, which will affect your PSP.
Q: Will my employer find out about my court case?
A: The commercial driver must notify their employer within 30 days of any moving violation conviction, and the Employer Pull Notice (EPN) Program will notify the employer of those they registered on their anniversary.
References:
AB-47, Distracted Driving amendment to the CA VC Section 23123.5.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DMV Portal CA Commercial Driver Handbook.
The FMCSA Mobile Phone Restrictions Fact Sheet.pdf.