Pleading down inspection violation?

Discussion in 'Experienced Truckers' Advice' started by americantrucker89, Mar 4, 2021.

  1. brian991219

    brian991219 Road Train Member

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    Ok, to answer the OP's question yes it is possible to have a violation removed from your CSA Score if the citation is dismissed. As of August 23, 2014 dismissals without forfeiture of bail or fine are required to be removed from the CSA system, as are not guilty verdicts, once you file a DataQ challenge requesting it. Dismissals with fines paid are not removed.

    An amended citation, such as a plea to a lesser charge, is not so clear cut. The current rules (effective August 23, 2014) relating to amended charges on a citation still result in the full CSA points however the severity multiplier is reduced to 1 and the violation is notated to indicated "convicted of a different charge" but the actual violation does not disappear.

    See this link for the full DataQ Analysts Guide (something I use almost daily to request challenges to bad inspections) and the screen shots below of the two relevant tables from section 5.
    https://dataqs.fmcsa.dot.gov/Data/Guide/DataQs_Users_Guide_and_Best_Practices_Manual.pdf

    RDR Impacts Graphic.jpg RDR Review Process Graphic.jpg
     
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  3. bad-luck

    bad-luck Road Train Member

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    A parking infraction is NOT CSA point where are you getting that from? And the judge has the authority to do that
     
  4. brian991219

    brian991219 Road Train Member

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    A
    Actually yes it is if written in conjunction with a roadside inspection or other motor carrier enforcement under 392.2. This would include a plea down to a parking violation from another violation connected with an inspection report from motor carrier enforcement.

    It is in the Unsafe Driving BASIC and carries a severity weight of 1 with a time multiplier of 3 for the first year.

    SMS Unsafe Driving Screenshot.jpg [/QUOTE]
     
  5. bad-luck

    bad-luck Road Train Member

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  6. Alpha Bandit

    Alpha Bandit Bobtail Member

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    The trooper doesn't ha e to sign off anything. You make the plea agreement with the prosecutor, who then presents it to the judge. It is entirely up to the judge if he is going to accept the agreement between you and the prosecutor. In some more serious cases the trooper might be called as a witness and asked if he is ok with this agreemnt by the judge, who ultimately decides what's gonna happen. In most cases the judges accept the agreement and everhbody goes home satisfied. Except the trooper i guess. But that makes paying the $500 for a lawyer so much more enjoyable.
     
  7. Alpha Bandit

    Alpha Bandit Bobtail Member

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    It's not automatically, but if there is court documents they do change the violation and it stays as "convicted of a different charge" caring 1 point vs 5 in this case scenario. Done it over 40 times and never had an issue with DataQ acknowledging or disregarding the judge's decision.
     
    ZVar Thanks this.
  8. baha

    baha Road Train Member

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    You will need to call a service like Roadlaw they have lawyers. all over the usa. and will tell you how bad it will be for you in the area you got the tic. in?
     
  9. Alpha Bandit

    Alpha Bandit Bobtail Member

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    I would not advise you to use those services. They are in the business of retaining cut rate lawyer to represent you. Just google trafific lawyer in whatever city is the court and start calling the ones with good reviews. They will be able to tell you right away what they can do for you before retaining them. Hope you never need that advice.
     
  10. americantrucker89

    americantrucker89 Bobtail Member

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    So you guys wanted an update on my case…

    Called the county attorney, and originally he wasn’t willing to work with me on it due to a miscommunication. I then hired an attorney who was able to get the ticket dismissed. Now I just have to Data Q dispute.

    thanks all for the info on this matter :)
     
    brian991219, dibstr and Alpha Bandit Thank this.
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