CDL holders did you know...

[thatguy]

Just got back from Traffic court trying to get a speeding ticket reduced/dismissed based on it was the first ticket I have ever received in 30 yrs of driving..

The judge said that he would offer traffic school, BUT since I have a CDL he can not drop/reduce any traffic tickets based on Federal regulation (the state could lose highway funding if he would)..

I had my CDL for a previous job and have not used it in 14 yrs but just kept it because 'i may need it'.. I should have dropped it years ago - my bad..

Needless to say I turned it in today and got a regular DL - I am hoping that if i do that and appeal the verdict the next judge may also be lient..

On the ticket - I am more worried about the insurance rate hike than anything. I figured I could take my chances and see if i could appeal to the court sympathy with my extremely clean driving record..

Just so you know, as a CDL holder you have no chance of a speeding ticket reduced/dismissed (assuming the judge knows and follows the rules)


anyone know if the 'conviction date' or the 'offense date' would be what the judge takes into consideration..

Brian

 

[thatguy]

just to add more details.. It appears that the judge cant dismiss a ticket, but can reduce the ticket - IF i read it correctly - Someone over on another forum found this, so I am not sure where but I assume you can google 49 CFR Part 384.226 on your own...

==============


The practice of reducing charges, altering speeds, or allowing CDL drivers to attend driving school is specifically prohibited in 49 CFR Part 384.226.

The statute in question is Code of Federal Regulations Title 49 part 384.226 titled: “Prohibition on masking convictions.” That section of the CFR reads as follows:

"The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CDL driver's conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (except a parking violation) from appearing on the driver's record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State." [67 FR 49762, July 31, 2002]

The key word in understanding this CFR is the word “mask.” The word is not defined by the CFR and it is certainly not self-defining. Recently, the state of Missouri Department of Revenue, the licensing authority for Missouri driver licenses, obtained a written opinion issued by the Federal Motor Carrier Safety Administration concerning “masking” of speed violations. The pertinent part of the opinion is copied verbatim below:

The state of Missouri requested clarification from the Federal Motor Carrier Safety Administration regarding the masking provisions outlined in the Motor Carrier Safety Improvement Act that became effective on September 30, 2005.

Generally, for masking or diversion to occur, there first must be a judgment of guilt. For example, masking may occur when the court holds the paperwork on a conviction for some reason and does not allow the State to take appropriate action. Diversion may occur when the court allows a driver – after an adjudication of guilt – to perform alternate services such as traffic school to get the conviction erased.

Example: CDL holder is issued a traffic citation for "Excessive Speed" in private vehicle (speeding 75 mph in 60 mph zone). After original charge is filed with court, prosecutor amends original charge to "Speeding 65 mph in a 60 mph zone". Final conviction is for Speeding 65 mph in a 60 mph zone. According to the FMCSA: This practice is not in violation of 49 §CFR 384.226 because the violation was reduced before a judgment of guilt was pronounced. Before we can apply the conditions in 49 §CFR 384.226 to determine whether masking has taken place, there has to be a judgment of guilt (conviction) for a violation. The masking provision in 49 CFR §384.226 do not prevent plea bargaining from taking place.

Additional research has further determined that other states, when examining this question, hold that “masking” means the deferment of a lawful adjudication on the merits. As example, this past February 2007, the state of New Mexico Legislative Finance Committee provided the following explanation on CDL “masking” to the in-coming members of the New Mexico legislature.

The state of New Mexico will lose approximately $10 million this year and $20 million every year thereafter if provisions regarding CDLs are not brought into compliance with federal law. The prohibition against “masking” and the amended definition of “conviction,” are intended to address certain provisions in New Mexico law that the federal government perceives are obstacles to the enforcement of DWI and CDL laws. “Masking” occurs when a court takes action against a driver charged with a violation of the Motor Vehicle Code that has the effect of hiding or nullifying what is, in effect, a conviction, that is, an adjudication of guilt. Courts may do this by deferring sentencing and dismissing charges if a driver complies with the court orders.

Short answer: You can get an amended speed, but not an outright diversion of the charge.

 

[Lineman North Florida]

You can go to traffic school here in Fla to keep from getting the points on your license for certain violations whether you have a CDL or a regular operators license.

 

[phiferpharm]

+1 on Florida. My son did driver's school and he drives Big Rigs.

 

[QRTRHRS]

Yes but the roads are safe these days. Or or they?

I wonder? Comparing the years of collective road experiance of the CDL drivers today to say thirty years ago how it compares?

No shortage of drivers. Just a shortage of drivers willing to submit themselves to sub human standards.

 

[newbury]

Should have titled this thread : "Something you should know before you get a CDL" and put it in Trailers&Transportation.

I had been advised to get a CDL before I got my dually. No problem they said, except for IF you go over the speed limit, and all the other rules and regs, plus increased insurance my provider told me.

 

[Willl]

So,,,,,,,,, were you actually speeding ?

 

[two_bit_score]

So,,,,,,,,, were you actually speeding ?

Who really cares? Speeding tickets are just a revenue raising scam 99.99% of the time.

.

 

[2458n]

That is why the insurance companies are interested. Additional income. My insurance company even looks at your credit score to determine their rates. I carry a CDL and find out the police are very help full in some cases. This is in Ohio and deals with the State Patrol as well as with local enforcement. You must have caught someone having a very bad day. If you go to court and do not know what the judge is going to do you need a new attorney.

 

[mjarrels]

I bet the folks that stole joe the vice presidents truck didn't have this problem.

mark