Commercial drivers must remember that cell phone use or texting in a CMV is an FMCSA serious offense. 

The CHP and local law enforcement in Santa Barbara County strictly monitor US 101 for these violations. A paid fine can severely impact your professional driving career.

Understanding the Risks on US 101 and SR-154

US 101 is the primary artery through Santa Maria, CA. It connects the Los Angeles Metro area to Silicon Valley. Traffic density makes cell phone use or texting in a CMV particularly dangerous here.

SR-154 serves as a direct route through the San Marcos Pass. This mountainous segment requires full driver attention and strict commercial vehicle lane usage. Any distraction on these steep grades can lead to a citation or something far more dangerous. 

Fines and NOTS Points After a Conviction

A first-time conviction carries a fine of approximately $150. Subsequent offenses increase the cost to around $260. However, the financial penalty is not the main concern.

The DMV assesses 1.5 NOTS points for a second conviction within three years of the first. This is almost the exact wording for a second serious offense, which leads to a minimum sixty-day driver’s disqualification from the FMCSA. 

These points appear on your CA MVR for three years. This record is visible to all current and future employers, which could hamper your capacity to negotiate higher pay and better benefits. 

Don’t risk it. The price of a traffic ticket attorney who will represent you in court while you continue to drive is priceless.  

FMCSA Serious Offense Disqualification Rules

The agency classifies these violations as an FMCSA serious offense. Two convictions within three years lead to a 60-day disqualification. This window begins after the first paid fine or conviction.

Losing your ability to drive for 60 days can be devastating for your family budget. Many carriers will not retain drivers with an FMCSA serious offense history. You must protect your livelihood by contesting these charges.

Legal Defense in Santa Maria, CA, Miller Division

Tickets issued in Santa Barbara County, CA, are heard locally. A CDL traffic attorney can often handle the court appearance for you. They know the system, the judges and court personnel, and often whether a law enforcement officer will show up in court.

Bigger & Harman evaluates the potential or possible results for your case. We work to prevent a conviction from damaging your record for a minor infraction like cell phone use or texting in a CMV from becoming a serious offense.

Interacting With the CHP During a Stop

If pulled over on US 101, remain professional and calm. Do not admit to cell phone use or texting in a CMV. Sign the citation as required and consult a CDL traffic ticket attorney.

Signing the ticket is not an admission of an FMCSA serious offense. It is merely a promise to resolve the ticket or appear in court. Contact a CDL traffic attorney immediately to discuss your defense.

Contact Bigger & Harman About a Cell Phone Use or Texting Ticket in Santa Barbara County, CA. It’s an FMCSA Serious Offense

Call Bigger & Harman at (661) 349-9300 for assistance with a cell phone use or texting ticket in Santa Barbara County. Protect against a driver disqualification by disputing this FMCSA serious offense.

We regularly defend commercial drivers in Santa Maria (Miller Division) and Santa Barbara County Courthouses. 

Se habla Español (661) 859-1177. Email us at attorney@biggerharmanlaw.com or use our secure website contact form.

Download our e-book, Protecting Your Commercial Driver License.

❓ Frequently Asked Questions (FAQ) Section

Q: Is a hands-free device legal for CMV drivers?

A: Federal law allows one-touch devices located near the driver, which do not require them to remove their seatbelt. However, any manual dialing or holding a cell phone is an FMCSA serious offense.

Q: Can a traffic attorney help me challenge a cell phone use or texting ticket in the Santa Maria Courthouse?

A: Yes, Bigger & Harman regularly defends commercial drivers against illegal cell phone use in a CMV in the Santa Barbara Courthouses, including the Santa Maria Miller Division. Contact us today.

Q: How does a conviction affect my PSP?

A: The FMCSA records all convictions for moving violations on your PSP record for up to three years. This can make finding a new driving job difficult, and more difficult to negotiate better benefits and pay.

References:

The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.

CA VC Section 23123.5, Driving Offenses & AB-47, Distracted Driving.