I just got a ticket need advice!

Discussion in 'Questions From New Drivers' started by snowez, Jul 5, 2021.

  1. Moose1958

    Moose1958 Road Train Member

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    I'm not an Attorney and I also am not privy to all the laws in the 48 lower about Speeding and Reckless Driving. All I can go by as to a CDL is what is clearly stated in 383.51 Table 2. Be mindful however that what constitutes reckless is left up to the state! It clearly states this. What little I know about it is what I have heard some cops say. In the words that U.S. Supreme Court Justice Potter Stewart said about porn. " I know it when I see it". Some cops have this mindset. The thing is as far as the FMCSA goes the penalty for either one is the same. I doubt it is this way in most states.
     
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  3. roundhouse

    roundhouse Road Train Member

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    Always be polite and ask the revenue collection officer if they can reduce it .
    “ I’d sure appreciate it and it would save me a lot of trouble with my CDL and having to go to court if you could reduce it a little “

    and always always ALWAYS fight any and every ticket, either by negotiating with the prosecutor yourself or by hiring a lawyer.
     
  4. smokey12

    smokey12 Road Train Member

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    He was driving his pov correct..if he was pretty sure that doesn't apply
     
  5. Moose1958

    Moose1958 Road Train Member

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    I suggest you read 383.51 Table 2. The FMCSA covers this in detail. They separate CMVs and non-CMVs And YES it does apply EVEN in a POV! There is a bit more to the Non CMV, but it does apply!

    [​IMG]
     
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  6. dibstr

    dibstr Road Train Member

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    Moose you are correct that it is a state thing and I can say without hesitation that as of a few years ago the last time I checked that no state had a statutory 15 mph threshold for reckless driving in fact most states don’t have a speed threshold for reckless driving at all. Of those that do there are a couple of 20+,some 30’s and 35+. One should be aware though that even though a state may not have a speed threshold and for that matter in those that do one can still be charged with reckless with speed as a factor depending on circumstances and also in most states doing less than the posted limit.
     
  7. Moose1958

    Moose1958 Road Train Member

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    I would also add that what the FMCSA has done with Table 2 in regard to reckless and 15 over tickets in Non CMVs is basically defer to the states. If a state has a really tough point system and you get a 2nd table 2 ticket they are suspending your CDL along with that state. I guess it is the FMCSA way to clean up. I personally think the way table 2 is written is a bit silly, but that's me.
     
  8. smokey12

    smokey12 Road Train Member

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    Well I am showing how little I know as a retired municipal cop when it comes to DOT stuff
    .we just didn't deal with this kind of thing. For a regular DL in my state reckless driving is anything 25 mph over the speed limit..thanks for this info.
     
  9. Badmon

    Badmon Heavy Load Member

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    Yooo idk if i missed something or not but i could have sworn he said hes paying $500 + working 3 weeks for free. What company is this??? Sounds like a craigslist 1099 ripoff gig
     
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  10. Moose1958

    Moose1958 Road Train Member

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    Going back to 383.51 Table 2 about a suspension. In Virginia, they allow 12 points in 12 months and 18 in 18 months. I am going from memory. I remember a CDL holder that lost his job because he got tagged for 6 points for driving with an obstructed view. He had plastic over his windshield. Then several months later got an Improper U-turn ticket near Richmond. This left him with 9 points. Then he got stopped in California out near Indio doing almost 25 over. When California reported that ticket Virginia took action. Remember the masking discussion a few comments back. Yep, he lost his CDL/DL for a while. This is why I tell drivers all the time. Easy does it!
     
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  11. Rideandrepair

    Rideandrepair Road Train Member

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    Good info.
     
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