attorney screwed up, missed court date, advice please

Never EVER rely on someone else to resolve a legal issue. Lesson learned.

 

First off, your not aloud to dial a phone while driving. You are only aloud to hit one button to voice dial. I hit the blue tooth button then say "call dispatch" and it calls them.

So either way, texting or dialing, your in the wrong. You don't know where you stand until you call the court. Call them and explain this to them. You should have set the court date, and confirmed they were going regardless of if they were supposed to or not.

 

Like others said call the court asap. The number should be on the back of the ticket. There is usually like a 30 day grace period to pay from the court date that's if you are found guilty so I don't know how it'll play out. Traffic violations are a little different from criminal violations. I doubt they have an arrest warrant but what they do is have the power to suspend your license privileges via CDLIS when you don't take care of traffic violations.

I don't like driver legal services. I think they are a waste of money and as you see you found a monkey operation. I had to hire a lawyer once in 15 years. The average driver isn't going to court every year. I doubt your average driver goes to court every 5 years. Do the math you would of paid that service over $2000. You can hire a traffic attorney for $400. A driver can pay cash for an attorney as needed. The time I got in trouble my company let me use their attorney for free.

You see the rules below. Pay close attention to the last one as you have further responsibilities or face more fines. I think that phone one is $2750? Something like that. Tell your company if they have you using your phone. They might help you pay it. They might lend you the money to pay it unless it's some few truck outfit. But you do have to tell them. The same with your home state.

Keep in mind 2nd violation with the phone the fine doubles and you get a 60 day CDL suspension within the next 3 years. It sucks but you live in learn. My big overweight bridge one cost me $3000. My company paid it and I paid them back in 7 months.

If the phone tempts you then throw it in the back while driving. Drivers don't need a phone while driving. It's a want not a need.

 

this happened to me, where I hired my own lawyer but I went to court in Person. I demanded that my lawyer meet me prior to meeting the judge. I spent over 2 grand protecting my license. I paid the fine 10 minutes after the ruling. DONE- NO MORE> FINISHED.

I didnt hire a legal service where you pay monthly because frankly, I don't trust the validity nor would I be able to interview and determine if my lawyer is suited for the case. you need to protect your cdl brother it is your bread and butter

Call the courthouse in the morning. Tell them you are very sorry and that you will fix the situation right away. Courts normally don't want to put someone in jail over something like this. If you are honest and upfront they will work with you.

 

You need to read this too. Your company can be fined up to $11,000 and will impact their SMS.

http://www.fmcsa.dot.gov/rules-regulations/topics/distracted-driving/overview.aspx

 

sad reality is that a lot of drivers still do this, iphones, ipads and on and on.......

 

This came out a couple of weeks ago, so wasn't in effect at you time. Like the others who have mentioned it before, you cannot just simply ignore this. While minor at the time, the failure to show is the more critical now and can get you busted. Call and get it taken care of right away. You've been lucky so far that you haven't attracted anybody's attention yet.

Starting today, cell phone usage laws for commercial vehicle drivers in New York have gotten even tighter.

New York texting laws now ban drivers from using their phones or texting at traffic stops.

“This change is the vehicle and traffic law is another example of how the message is being sent that texting or using a cell phone while driving will not be tolerated in New York state,” Department of Motor Vehicles Commissioner Barbara Fiala stated.
“The state is now requiring intrastate carriers to adhere to the same rules to which the majority of the industry has been subject since Jan. 3, 2012,” said Karin White, the New York Motor Truck Association’s deputy director.
While texting-and-driving laws are already in place in New York and apply to all drivers, the law is specifically for CDL holders. Regular drivers are only prohibited from using their phones while their vehicle is in motion.
The new law states that commercial drivers must refrain from using a cell phone or “portable electronic device while the vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays.”
According to the New York Department of Motor Vehicles the
New Penalties for Motor Carriers and Commercial Vehicle Drivers are as follows:
For violations committed by commercial vehicle drivers on and after October 28, 2013, the following changes take effect:

• A motor carrier must not allow or require their drivers to use cell phones or texting devices while driving.
• A mobile telephone used by a person who operates a commercial motor vehicle shall not be deemed a “hands-free mobile telephone” when the driver presses more than a single button to dial or answer the phone.
• A commercial vehicle driver is not allowed to make a phone call or use a texting device while the vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays.
• A commercial vehicle driver who holds a mobile telephone to, or in the immediate proximity of, his or her ear while the vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays is also presumed to be engaged in a call.
• A commercial vehicle driver who holds a portable electronic device in a conspicuous manner while the vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays is presumed to be using the device.

In other words, just to be safe, if your key is in the ignition, don’t get caught holding your phone!

 

and just turn it off. NY is strict as heck about this.

 

Just call the court and they will tell you how much you owe and what's up just add an extra 100 plus a nice letter explaining you sorry about what happened and unfortunately it didn't work out between you and the state cop next thing they will tell you everything is done sir