Husband got 2 tickets on top of Grapevine in CA- question? Please read!!?!

I wish you success in your endeavor, and am truly sorry for your potential losses.

 

Points have nothing to do with it. It's the conviction(s) in and of itself/themselves that is most important in this instance.

Two points in Michigan could be 3 points in Ohio, 1 point in Indiana, and Illinois doesn't have a point system. Illinois law merely states that 3 moving violation convictions in any 1-year period will cause the loss of driving privileges for 60-days (I found out the hard way back in 1965 when I bought my 65 GTO). More, and/or continuing convictions in that time frame will cause an additional and more severe loss of driving privilege. Point systems depend on the laws of the state of residence (where you live & from where you have received your current driving license).

In addition, the 383.51 rules never mention points, merely convictions. The federal rules never mention points because that is a state criteria. The important thing here is the potential loss of the CDL portion of his license under 383.51 because of the potential conviction(s) notwithstanding the fact that a hardship license (to & from work, in the performance of work etc.) may not be used to drive a CDL vehicle under 383 assuming South Dakota allows for, and issues a hardship license.

If a driver drives a CMV on a hardship license he/she will automatically be placed out of service during any DOT type inspection. This means that he/she is stuck at some chicken coup in the middle of butt ###### nowhere until some other driver from his/her company comes to recover the vehicle, and hopefully him/her. Then one could only hope that the driver isn't terminated, but merely suspended until such time his/her regular CDL is reinstated by the state.

However, in this particular instance, California will notify South Dakota of the conviction(s), assuming there are convictions. Then, if South Dakota has a point system, the points will be issued under the South Dakota criteria/law/point system, or whatever penalty South Dakota has for these infractions/convictions. In addition, and if he is convicted of both allegations as issued, South Dakota at some point in time in the near future after these conviction(s) (assuming he is convicted of the initial offenses) MUST suspend the CDL portion of his license because of the 383 regulations imposed on the state by the USDOT/FMCSA again assuming he is convicted of the 383.51 serious convictions (15 or more over the limit).

 

Not to heap bad on top of bad Ma'am, but you should also be prepared to suffer an increase in your automobile insurance, depending on the insurance company criteria. But if the company is worth their salt, they will not increase your premiums based upon points as that has the potential of being disastrous. Most insurance companies do not consider points, but rather, # of convictions due the the unfairness and the differences of/in the state point systems.

But to insurance companies, it makes no difference what type vehicle is/was driven in relationship to a moving violation conviction, but merely the fact that a conviction transpired. Insurance companies assume, and reasonably so in most instances, that if you do it in a truck, motorcycle, or aircraft, you will do it in a car, not to mention any potential increase in the motor carrier insurance program, which happens quite often as motor carrier insurance companies check the MVR of that companies drivers. And in some instances, the motor carriers' insurance provider will refuse to insure individual drivers because of that drivers' MVR which usually means he will be looking for another carrier for whom he may drive.

I'm sorry for heaping this upon you, but I also feel that you and he should see the complete picture. Perhaps the complete picture will help you/him with his extensively heavy right foot in the future, more than any cussing you may have, or will provide.

 

Being that I was in a similiar situation a couple months ago, I can understand your feelings on this. It is a scary situation.
I had a 12 over in Nashville, TN and I though I had just signed off on ever getting on with a good carrier. I found out that my home state doesnt report out of state speeding ticket points on a CDL unless theyre 14 or 15mph over, so that was somewhat of a relief. This is the first and only speeding ticket on my CDL, and believe me, it has scared me straight. A CDL is your money maker...and I remember that each time I get that "lead foot".

Also, those north bounders on I65 going into Nashville, TN. Watch it.
2 cops+1 radio=speed trap

 

One thing I have learned on this forum, Woofless, is that you never have to apologize for "extreme ignorance", as you put it. I'm a four-wheeler and have asked probably some of the most obvious questions, and everyone has been most helpful.

This is such a good group for learning and gathering information. Sometimes you get opinions mixed in with answers as well... and from my perspective it makes for interesting and educational reading. It's been my experience that most of the folks here respect those of us who are trying to learn... so fire away! Despite how we feel at times, I guess there really aren't "stupid questions" on these boards. They're all good.

 

Woofless, I don't know anything about attorneys or court stuff, but after reading your recent reply I just had to chime in with some girl-to-girl support.

I also have a lead footed husband, and I totally understand your frustration. Just this past weekend he had a couple beers (which as a CDL holder could have put him over the legal limit even though he was still "sober" and fine), and then proceeded to drive 78 in a 55. When I pointed out how STUPID he was being in risking not only a big ticket but possibly blowing over a .04 (the CDL limit in NC) and getting a DUI if he got pulled over, he promptly took me home, dropped me off, and left me to go stay the weekend with friends for a party that was being held for ME. He felt I was the one being unreasonable by critisizing his driving.

I felt for you with your comments about babysitting him and his lead foot because I go through that babysitting stuff all the time. It can be quite draining to always be the "practical one," and be the only one to worry about possible consequences. Men don't seem to get that when they do stuff, as your man did here, they are not the only ones to suffer from their recklessness. I feel for you hon, I really do. Hang in there.

 

Drinking and going 23 MPH over the limit. He needs to stop driving a truck and go get himself a job in a factory or something.

 

He already has. His driving for work is limited to backing trucks up to be loaded. Since he won't listen to me and likes to live "recklessly," that is probably for the best.

 

Sometime after 2004 (I think it was the middle of 2005 but in my old age I can't remember when specifically) the FMCSA required that all states have reciprocity with all other states, and that their computers be able to talk to one another so as to allow convictions (not points because of the criteria of the individual states) to go to a state of residence for CDL holders. So the reasonable answer to your ultimate question is Yes, they will show up on his Florida, as well as his South Dakota license/MVR if convicted. It may take up to 70-days but they will show up eventually.

And as I stated, the points are an individual state of residence issue, but not an issue for a CDL holder. For a CDL holder it is the conviction that counts under the federal regulations.

One other thing. The federal rules for CDL holders, as well as the laws of all states, require that he receive a South Dakota license within 60-days after moving to South Dakota. You and/or your attorney may also need to consider this to help the attorney in the plea bargain arrangement. And if your husband told the CA cops that he lived in SD, he should consider himself lucky for not receiving an additional citation under the federal rules assuming you have lived in SD for more than 60-days