There is no such thing as a “minor” traffic ticket in the trucking world. In fact, as a CDL holder, you are held to a significantly higher legal standard than a non-commercial driver.
As CDL defense attorneys at Drivers Legal Plan®, we live and breathe CDL law, so let’s take it back to basics. Whether you’re a rookie or have been on the road for decades, protecting your CDL requires careful attention. If you get a ticket — whether in your truck or your personal vehicle — it’s a very big deal.
Don’t Believe the Myth: “I’ll Just Pay the Fine”
I wish every professional driver knew better, but many don’t. You must remember this: Paying a ticket is legally an admission of guilt. This is true even if you believe you were not actually at fault.
Because of this, the violation is considered a conviction, not just a fine. That conviction is then reported to your home state and added to your driving record. For CDL holders, this can have serious consequences, including impacts on employment, insurance and CDL status, depending on the type of violation.
Why You Must Defend Every Citation
I cannot stress this enough: a citation is an allegation, not a conviction.
This means there is a specific window of time where you still have power over your career. As long as it is just a citation (allegation), an attorney can fight to try to keep it off your record.
Why use an attorney? Because they are more qualified to navigate the legal system than you are. Additionally, you might be 500 miles away from home; an attorney can often handle the court appearance for you, ensuring you don’t risk your livelihood in an unfamiliar environment.
Going back to my opening point: there is no such thing as a minor ticket for a CDL holder. For example, a driver might get a citation for “Following Too Closely.” In some states, the fine could be considered relatively small. But the FMCSA classifies this as a Serious Traffic Violation. You don’t lose your license for the first one, but if you get a second “Serious” violation within three years, it triggers an automatic 60-day disqualification.
Furthermore, even if a violation does not suspend your license, it will affect your insurance rates as well as those of your company and can potentially lead to your termination. When you apply to a new company, your record is your resume. You may be ineligible for the higher-paying job you want or deemed “uninsurable” due to your history.
How State Laws Differ
This is where it gets tricky. Some states, at the most basic level, are “moving vs. non-moving” violation states, while others use a point system. Each state has its own list of violations, and State A’s list may not directly match State B’s list.
If you are a professional truck driver and you get a ticket in one state, it is going to be reported back to your home state, where you hold your CDL. Because the lists don’t always match, your home state must “translate” that ticket into something that exists in its own system.
A low-point ticket in the state where you were driving could be “translated” into a high-point offense back home simply because the codes were different. You could pay a $150 fine for “Careless Driving” in New Jersey, thinking you are safe, only to find out weeks later that your home state of Florida suspended your license because they coded it as “Reckless Driving.”
Who Should You Hire to Handle Your Case?
The time to educate yourself on this is not when you are holding a ticket on the side of the road. It is now. When looking for CDL ticket defense help, pay attention to these three things:
- Courtroom Experience: Since traffic laws and procedures vary by state, a defense that works in one jurisdiction may fail in another. A law firm that has experience in the courtroom where you received your ticket can help navigate these regional differences and increase the odds of a favorable outcome.
- Fee Transparency: If you do not have a fixed and predictable price (ideally a flat fee), you may be hit with billing surprises. Be careful with clauses that trigger additional fees if a case goes to trial, and have a clear understanding of how your attorney will charge you.
- DataQ Knowledge: A law firm needs to know when to file a DataQ challenge and have the ability to file one. DataQs is an FMCSA system that allows drivers and their representatives, motor carriers, and the FMCSA and its State partners to improve the accuracy of FMCSA’s data-driven safety system. Users can request and track a review of Federal and State data issued by FMCSA that is believed to be incomplete or incorrect.
The Conclusion
Your CDL is the most valuable asset you own. It’s the house you live in and the food on your family’s table. Treating a ticket like a minor inconvenience is a gamble with your future.
Drive Safely.
The contents of this article are intended to convey general information only and not to provide legal advice or opinions. The contents of this article should not be construed as and should not be relied upon for legal advice in any particular circumstance or fact situation. The information presented may not reflect the most current legal developments. No action should be taken in reliance on the information contained in this article, and we disclaim all liability in respect to actions taken or not taken based on any or all of the content to the fullest extent permitted by law. An attorney should be contacted for advice on specific legal issues. To contact Drivers Legal Plan, please visit www.driverslegalplan.com.
Original article by J. Bradley Klepper provided by: https://www.thetrucker.com/trucking-news/perspective/ask-the-attorney-by-brad-klepper/back-to-basics-why-a-truck-driver-cant-afford-to-just-pay-a-ticket