2nd 15+ speeding ticket question...

Tazz...I do appreciate your opinion. However, my first conviction resulted in 2 points not 6. You can be charged seperately for reckless op, which is 6 points, at the discretion of the officer. Secondly, you have made your interpretation very clear but that IF statement just wont leave my mind. Those two columns are written very different....why? And I don't mean just the "non-" part

 

I can see the glimmer of hope that you are focusing on.

But stand back and really look at it.

The first column says a driver of any motor vehicle.

The second column talks about a second conviction of the listed items below.

The third column talks about a second conviction of the items listed below and if the conviction ends in a ........

What this means is that if the state has a law that states a driver will lose their license because of the second conviction, then the cdl privileges are also lost for the specified time.

Look at the penalties shown below it, they are the same as column 2.

 

Because the second column indicates a deference to state law.


if the conviction results in the revocation, cancellation, or suspension of the CDL holder's license or non-CMV driving privileges, for . . .


What that means is if your State would normally have taken away your non-CDL(yes I know you only have one but stay with me) for the violation you lose your CDL license.

If you do not have twelve points and the judge does not administratively suspend your license(allowed per the link I posted) you might have a chance.

 

Let me end this by thanking both of you.....so many times multiple people can read the same thing in the fmcsa and get multiple views. The #### book really needs to be more "cut and dry". But thanks guys.

 

Fact: Violations involving a personal non commercial vehicle will not be included on your CSA report. They will however be on your state MVR so your next employer will find it.

 

This is sure out in left field considering what the question was.

 

The real answer to your question is: If any driver in your state is convicted of 15+ over twice in the same time period, would that driver be subject to a license suspension by the DMV for points or the judge as part of the punishment. If the answer is yes, then you will be suspended. If the answer is no, you will probably just lose your job.


I know some will disagree with my reading, however, commas are very important in the meaning of a statement. If you diagram the sentence you end up with Must, if (the qualifier).

 

That's exactly how I read it. Thank you

 

Ok paragraph b sec 383.51 doesnt even applie to him because he did not refuse any testing. Paragraph c sec 383.51 the key to this paragraph is the statement "depending on the type of veichle the driver was operating at the time of the incident" 1st paragraph is saying will not affect cmv. Put the next colum is saying youll lose non-cmv so theres the catch 22 if you lose your state license for non-cmv youre not driving cmv for 60 days.

 

I agree with that 100%. Half the rules reference other rules. Sometimes I think they designed it to be confusing. It's definately someone with a genius IQ that can't communicate with anyone but himself. It's almost like interpreting a bible. Thou shall take a 10 hour rest!