Big Trouble, 5 criminal CDL tickets..

Good luck Bro..hope it all works out for you !

 

I've worked in the criminal justice system and I would definitely advise you to get a lawyer and get a GOOD lawyer. Yup, it's going to cost you big time but, if it works out for you and you walk away with your CDL intact, it will be well worth it. A lot of lawyers will let you make payments these days so do some research, find a good lawyer who is NOT a sleezebag and best of luck to you!!!

 

You might want to check your state laws has you may need for a DOT officer to sign off on the repairs.

Its your choice to get a lawyer or not after all its your cash, your points, and your MVR. But is it really worth saving 300$ just to end up spending 3,000$. You have a CDL now so in the eyes of the court you ll be treated has a professional driver. That means your supposed to know and do better.

 

Any chance it was a farm job. Aren't farms exempt from having to have CDL's if they are hauling for their own farm, as long as they aren't hauling commercially for someone else? Just a thought.

 

PhoneixAM, I just asked my husband (a retired police officer of over 20 years) what sanctions you will face. This is probably what will happen.

(a) A huge fine (it's gonna be high)

(b) Some type of probation

(c) community service

He says it will help that you have take the steps to get your CDL and drive legally.
He also says when you go to court maintain your apologetic attitude. (it will help you, not a lot, but it will help a little).

Hope this helps, remember we all make mistakes and occasionally use poor judgement. Good Luck!

 

I've done a bit of LE work as well..

Managed for years to drive .. if not entirely safely, at least without a citation. Then, I snagged one for following too close in my pov. Yeah, it's not seen as .. heinous as what happened in Scottsdale, but *I* see it that way. I HATE tailgaters.

When I went to traffic court, I could have insisted on a hearing in front of a judge, instead of one of the assistant DAs. I maintained a polite and friendly attitude through the whole process. The DA offered to reduce the charge (and the number of points), for me - but in this case, I declined. As a result, they completely dropped the other charge (no proof of insurance - I had it, but the paperwork was not in the car).

Saved me a couple hundred bux by being friendly and civil.

And a suit isn't needed at that point in the game. Dress casual if you like (I wore jeans and a decent shirt). Make sure you are clean (the guy arguing over his DUI in the next line hadn't showered since the civil war.)

But, above all, keep your temper. If you don't use a lawyer, don't argue when a decision is handed down. At that point, it's all over but the epilogue, and freaking out is... um... not going to help.

 

I don't think you're fully aware of the problems you face. Like I said before, your biggest problems are going to be the Federal Motor Carrier Safety Regulations (FMCSR) if you want to hold on to your CDL. I'll list a few but there's more,

Getting your CDL after the fact means nothing.
1. §383.5 Definitions - Serious Traffic Violations =
(f) Driving a CMV without obtaining a CDL.
(g) Driving a CMV without a CDL in the drivers possession. Any individual who provides proof to the enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for such a violation, that the individual held a CDL ON THE DATE OF THE CITATION WAS ISSUED, shall NOT be guilty of this offense.

So getting your CDL after the fact will not help you here unless the judge knows nothing about CMV..

If you're convicted you must follow this regulation,
Part §383 subpart C - Notification Requirements and Employer Responsibilities.
§383.31 You must submit in writing within 30 days the following.
A. Driver's full name.
B. Driver's license number.
C. Date of Conviction.
D. The specific criminal or other offenses.
E. Indication whether the offense was in a CMV.
F. location of the offense.
G. Driver's signature.

This is just the beginning, you should take a look at §383.51, §383.52, §383.53 and then decide if you need a lawyer or not. Especially when your employer may find out he may be fined up to $25,000.

Whether or not this happens I can't say. All I can say is there are regulations on the books that are out of the jurisdiction of your local court. These regulations are set in motion once you finish your court appearance. Now if you get an ignorant judge that has no idea what the CMV laws are you might get lucky but then again you might still get a letter from the state saying they want your CDL.

Another point to remember here is that you did NOT violate the out of service condition unless you drove after being placed OOS.

I don't know what you plan for the future but if driving a truck is your only path then you'll have a very hard time of it. Not only will you have problems holding onto your CDL but finding work in the future may be doubtful. It sounds like you're in the construction field and I can tell you from experience that it's much better to operate heavy construction equipment than drive a truck. Take a good look at all your options and if you decide to stay with your CDL then in my opinion you'd be a fool not to have a CMV lawyer. Good luck and let us know.

 

Not getting a lawyer eh? Good luck. You're gonna need it.

 

Take a picture of that CDL you have now and frame it. Because its history !!! Life is tough as it is, but it is a lot tougher when one is stupid.