Need legal advice. A few days ago I was pulled over in Spartanburg, SC for reckless driving. According to the officer, I made excessive lane changes within a 30 mile radius. Making a long story short without going into details, these charges are bogus and I am looking for a good (word of mouth) referral if thats allowed on this forum. Please advice thank you!
Legal Advice
Discussion in 'Experienced Truckers' Advice' started by Rascally Road Warrior, Sep 10, 2007.
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I recieved a ticket for doing 65mph in a 55mph zone back in Feb. of this year. i resently applied for another job and the company said they couldn't hire me because the reports show that i was going 15+ mph over the speed limit. This ticket was issued in NM. on U.S route 54 about 5 miles north of Tularosa. California dmv has no report of this record and can't help me. Is there some one that I can talk to that can correct my record?
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Well you need to get an attorney in that area or sign up for a legal plan.. Just google "trucker legal plan"
You as well need an attorney... Things like this take time if you attempt to do it yourself. They just don't take you serious and you have to make many many calls... So, as I suggested to the other poster google "truckers legal plan" and pay around $150 for a year membership.. -
There are legal services that do not charge a membership fee . Just contact them after you get a ticket . Never just pay a ticket . Always have an attorney represent you .
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Road warrior,I have never heard of excessive lane changes being a violation let alone be classed as reckless driving.I searched South Carolina statues for lane usage and passing and the only thing that I saw was you must stay out of the center lane unless passing or overtaking.They seem to be strict about staying in the right lane.South Carolina statue 56-5-1900.Like others have said get a lawyer.Reckless driving is 6 points on your license.A lawyer may get a plea down to improper lane usage or improper passing which equates to just 2 points.Reckless driving is considered a serious offense for a CDL holder.One more of those in a 3 year period will see your CDL suspended.
Moorek70,Contact the court for the county that has jurisdiction for where the ticket was issued.See what the status of the ticket is and if they have forwarded this info to the California DMV.Contacting DMV won't help unless the court has supplied them with the outcome of the ticket.An error can only be corrected by the court which will inturn be sent to the DMV for correction.Last edited: Oct 1, 2008
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Oops, nope.
§384.209 Notification of traffic violations.
(a) Required notification with respect to CDL holders. Whenever a person who holds a CDL from another State is convicted of a violation of any State or local law relating to motor vehicle traffic control (other than a parking violation), in any type of vehicle, the licensing entity of the State in which the conviction occurs must notify the licensing entity in the State where the driver is licensed of this conviction within the time period established in paragraph (c) of this section.
(b) Required notification with respect to non-CDL holders. Whenever a person who does not hold a CDL, but who is licensed to drive by another State, is convicted of a violation in a CMV of any State or local law relating to motor vehicle traffic control (other than a parking violation), the licensing entity of the State in which the conviction occurs must notify the licensing entity in the State where the driver is licensed of this conviction within the time period established in paragraph (c) of this section.
(c) Time period for notification of traffic violations. (1) Beginning on September 30, 2005, the notification must be made within 30 days of the conviction.
(c)(2) Beginning on September 30, 2008, the notification must be made within 10 days of the conviction.
It is the driver's responsibility to report the conviction. If you don't do that you are already in violation. Why wait for the court to turn over the info weeks or even months later?
Hey, check out that new part that just started 9/30! Who knew that?
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Taxi driver,As a cdl holder the driver must report a conviction within 30 days to his employer.384.209 requires the state's DMV(entity)to report the conviction to the state in where the driver is licensed within 30 days.This is not a driver responsibilty it is the states responsibilty.Moorek70s question was "How do I go about correcting what I believe to be an error on my conviction for speeding?"Best advice?Start with court where the violation occured.It could have been just a clerical error in regards to the speed he was convicted of and what was inputed into the system.If the court determines the information on the conviction was incorrect then they in turn must submit this information to the New Mexico Division of Motor Vehicles.After this is done,New mexico must submit this to the California DMV.Why California has no prior record of this conviction I don't know.They both adhere to the "Drivers License Compact" where states share information, so somewhere it fell through the cracks.After this is all said and done,Moorek70 will still need to correct any discrepancies that may have been submitted to a driver's record reporting agencies.Usis,NDR,etc.
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$295 plus $48 a month I have a truckers legal plan now..
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So, do I.. They are all different... Mine was $150 up front and $100 when I need an attorney.
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I guess I'm lucky after the initial $295 plus $48 a month I don't pay a single dime to a lawyer when needed.. On the 13th of the month I'm going to court to fight my speeding ticked received at the end of July in my personal vehicle..
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