Shotyme have you read fmcsa 383.51??? If these happened in a CMV....there's no question that I would lose the cdl for 60 days...HOWEVER, this applies to the second column which is different.
Put aside job/insurance/judge having a bad day/personal opinions......I would like everyone to read what I quoted in my post...which is the second column of 383.51 specifically dealing with non-cmv.....and please post your interpretation of that......
Thanks folks
2nd 15+ speeding ticket question...
Discussion in 'Trucker Legal Advice' started by Bart69Rich, Aug 26, 2011.
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It states on Table 2
If the driver operates a motor vehicle and is convicted of:
I would say you will be losing the license for 60 days. -
Roadmedic.....it clearly states...
"while operating a non-cmv.....a cdl holder must be disqualified....if the conviction results in the revocation, cancellation, or suspension of the cdl holder's license or non-cmv driving privileges
The bolded part is the difference here....with cmv infractions its automatic that you lose your cdl....however, the way im reading it, my cdl will be fine unless the judge decides to suspend my license.
If im not understanding this correctly please help....if what I explained makes sense...please comment that also. -
The first thing to read is this:
(c) Disqualification for serious traffic violations. Table 2 to § 383.51 contains a list of the offenses and the periods for which a driver must be disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows:
Notice the word MUST.
Then look at table 2.
The first comment is :
If the driver operates a motor vehicle and is convicted of:
Then you go to the next column:
For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for . . .
You have a second ticket, not convicted yet I believe. If convicted of ANY OF THE CAUSES in this table.
Please note number 1.
You have not stated how fast the ticket was for the motorcycle. If it is over 15 mph of the speed limit then you have problems.
I do not know how to make it clearer.
A second conviction in a 3 year period WILL result in the loss of the CDL for 60 days. -
Since this is you second conviction(or will be) the vehicle is irrelevant.
Medic's right no license 60 days the day your convicted. -
Niether was a cmv....im sorry...read the third column that says
IN A NON-CMV
Doesn't anyone see the distinction....I bold quoted the area I needed help with and you both are quoting the first column...not the next one -
For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a non-CMV, a CDL holder must be disqualified from operating a CMV, if the conviction results in the revocation, cancellation, or suspension of the CDL holder's license or non-CMV driving privileges, for . . .
Column 2 will be a problem. Column 3 can be a problem.
Was the speed ticket on the motorcycle OVER 15 MPH of the speed limit?
IF SO, YOU WILL LOSE THE LICENSE.
Do not let it be a conviction.
You need an attorney who will understand the quoted 383.51 of the fmcsa in order to get this resolved.
You can discuss this till you are blue in the face.
With a conviction of over 15 mph of the speed limit, it can be interpreted by the courts as reckless driving and you would lose the license.
I really hope that you enjoyed the higher speed, because you are now going to pay the price. -
Fine don't believe us. Pay your ticket and move on.
They are gonna suspend your license.
http://codes.ohio.gov/orc/4510.036
Both your tickets carry six points in OH's system and if I am reading their law right your gonna be required to take a course and retest.
http://bmv.ohio.gov/12point.stm
So to recap, call a lawyer or pay the fine(my vote is pay the fine). -
I've read a ton of your posts medic...that last line was uncalled for. I hit the gas on my bike to avoid being killed in an accident where a car came over on me. I could have slammed the brakes and hoped the car behind me stopped and didn't run me over....but instead I hit the gas to get up and around. Two things....the trooper saw the car come over on me and clocked me at 15 over.
If you've ever been a bike rider you should understand the situation....99% of bikers would have made the same choice.
If I want to speed I can goto the local track....
But thanks for being a condescending elitist. -
Tazz 6 points is only if its deemed reckless...neither is....the second ticket I will fight.
I only wanted opinions on the non-cmv provision in 383.51 and somehow no one will comment on that provision
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