Got a written warning, what now?

I know, when this subject comes up the all the bats in the belfry goes nuts.

 

The warning has to be written up on a Driver/Vehicle Examination Report.

They look like this:


It will show No Violations
Some Violations
or a Warning.

A warning is the worst one. Impossible to fight. Officers will rather issue warnings for speed over the actual cited violation or ticket because those oftentimes can be defeated by THC or one of those weekly deduction lawyer outfits.

 

I want to post this question and answer about warnings and inspections that impact them. It is question 88 from the stakeholders motor carrier section at left top and all the information you need is in it.


Why did I receive points for a warning ticket? Answer
When enforcement discovers a driver breaking the law, the officer has several ways to impact the driver and the carrier he/she is representing. It is important to understand each of these ways, how each way impacts the carrier and driver, and how to remove each from your record. Enforcement can issue a citation or warning to a driver for breaking a State law. Citations can be defended in State court. Cases that are lost, or where the plaintiff pleads guilty, are called convictions. Convictions will impact the driver and could show up on the driver’s Commercial Driver’s License and Moving Violation Record.

Notice in the above answer nothing is said about an inspection. Also they draw a specific Difference between a Ticket/citation and a warning and say NOTHING about CSA.


In addition, enforcement can give a violation on a roadside inspection report. These violations will appear in a driver’s Pre-Employment Screening Program record and could show up in the carrier’s Safety Measurement System (SMS) data. To know which violations are used in SMS, see Table A of the SMS Methodology located here: https://csa.fmcsa.dot.gov/Documents/SMSMethodology.pdf . Carriers and drivers can try to remove incorrect roadside inspection data from their record using DataQs (https://dataqs.fmcsa.dot.gov/ ). It is possible that a driver can receive a warning or citation with a roadside violation for the same incident. If the carrier or driver wants to protest both of them, they need to do each independently through the aforementioned process. The outcome of one doesn’t necessarily impact the other because each is in a different jurisdiction. Citations are adjudicated in State court, while DataQs is a Federal program.

Notice now CSA and the federal DataQ program is brought up but only with the addition of an inspection report NOT mentioned in the first paragraph.

 

No, my speeding warning on my Harley shows up..

 

Any lawyer will tell you the same thing.. educate yourself

 

Be careful, you can show absolute truth to this guy and he will call you a troll.

 

I personally would like to put a nail in this coffin. It's really simple to do now. Here's how:

@Sharno, would you mind making a copy of the warning you received? Make a copy and black out all the personal info, vehicle info, company info etc. Please post it on this thread OR pm it to a mod. Thanks.