DataQ and fighting a ticket, can I get it removed?

The long time gripe of drivers is that if you get a warning it's not actually a warning. If it's written it goes on your record and earns your carrier CSA points which can affect their insurance. The big problem is, while you can fight a ticket and get the points removed you cannot ever fight a warning. So those points are yours for the next three years.

 

I understand it as a warning from police won’t affect your csa score unless it’s part of an inspection from a dot officer. I may be wrong I never looked into it.

When I got the 2x speeding tickets it was 6 years ago so csa wasn’t all put together well.

 

What happened to the OP is they got a DOT inspection with violations along with what was supposed to be a State Issued warning. That upon his request was made a ticket. I have some friends that are DOT cops and what they tell me is most of the time when an inspection with violations is turned in the state MCSAP lead agency also expects to see a ticket. Some cops just issue a warning. This goes to satisfy some internal recordkeeping I still don't quite understand.

 

The problem is, what most LEO's call a warning is no such thing. It's a written CVSA violation.
Yes, if it's truly a warning with no paperwork and the like you are right. The other 99% of the time a warning is worse than a ticket as it can't be taken to court to remove the negative aspect (the violation) from both the drivers and companies records.

 

Is this county in which the citation was issued somewhat local for you or were you just passing thru?

 

And since it was brought up...

The anti-masking regulations refer only to conviction, not to a citation. What that means is plea bargaining is ok to do but make sure it's what you want before admitting to guilt for anything as once that happens it can't be changed.

Here is a good write up about it. It's from a traffic ticket lawyer so it's not 100% unbiased, but there is no wrong info there that I noticed.
The Masking Prohibition - CDL Drivers and Traffic Tickets – North Star Criminal Defense

 

I can't disagree with you. I had a chance to speak briefly with a local prosecutor that handles traffic cases near my home. What they told me was they considered the type of vehicle the CDL holder was operating and the seriousness of the charge. This person told me they don't generally change a charge if the vehicle was a CMV and the charge was serious. If they are in their POV and the driver is not driving drunk etc they are open to a deal. Courts all over the US differ in how they handle these cases. What I was attempting to get across in post # 31 was to warn drivers to NOT think getting a charge changed or having a finding of not guilty as automatic when fighting a charge. If you take a case to court the odds are you are going to lose.

 

I had a ticket last year for a red light. Just misjudged it down in NJ and got pulled over and ticketed. Before I got home for the weekend I had it plead down to a non-moving failure to yield ticket and that Saturday I had a mailbox full of lawyer letters offering their services. It was kind of funny.