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15mph warning

Discussion in 'Questions From New Drivers' started by jharrah01, Nov 19, 2017.

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GreenPete359 Road Train Member

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56mph in a 20 zone coming down 7 Mountains in Pa on 322 eastbound. Know darn good and well the 2 spots they sit & stll didn’t back her down before i came round the curve. Well walked away with a 26 in 20 ticket. Yup i won the darwin award that day! Got lucky tho real lucky, and yes but of course he was indeed a dot officer.

Ok top that

GreenPete359, May 9, 2018

#51
Moose1958 Road Train Member

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WongK said: ↑

O realllllllyyyy
Click to expand...

This is the real me!

Moose1958, May 9, 2018

#52
WongK Bobtail Member

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Moose1958 said: ↑

This is the real me!

Click to expand...

Well in that case

Ummmm

Can I have some time to think about it?

Not exactly the older woman young guy thing I had in mind

WongK, May 9, 2018

#53
joesmoothdog Heavy Load Member

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Could be worse, Moose. I think this is one of my exes from 20 or so years ago.

joesmoothdog, May 9, 2018

#54

WongK Thanks this.
Moose1958 Road Train Member

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Moose1958, May 9, 2018

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x1Heavy Road Train Member

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Mark Kling said: ↑

He cannot plead down and take a driving school... this is Anti-Masking and is illegal

§ 384.226 Prohibition on masking convictions.
The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder's conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.

Regulations Section

Serious Violations While Operating a Motor Vehicle

Speeding excessively, involving any speed of 24.1 kmph (15 mph) or more above the posted speed limit.

Driving recklessly, as defined by State or local law or regulation, including but, not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property.

Making improper or erratic traffic lane changes.

Following the vehicle ahead too closely.

Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident.

Driving a CMV without obtaining a CDL.

Driving a CMV without a CDL in the driver's possession.

Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.

Disqualification for Serious Traffic Violations

The first violation for a serious violation does not result in a disqualification. A second serious violation within 3 years, results in a 60-day disqualification, and a third serious violation within 3 years, results in a 120-day disqualification. Serious disqualifications must be served consecutively. All serious violations in a CMV are included. Serious violations in a non-CMV must not be included, unless it results in the revocation, cancellation, or suspension of the CDL holder's license or non-CMV driving privileges.
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I learned something today. Thank you Sir.
x1Heavy, May 9, 2018

#56
x1Heavy Road Train Member

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lilillill said: ↑

Anyone else notice the trend of dudes coming on here and setting up an account using a female photo in the avatar, just so they get a response?
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Gaming is the same, has been for years. That hot female you are chatting with within the game is a dude in most cases.

I don't interact much.

Avatars are just that. Pictures. I used to carry a pair of chrome ladies on my mudflaps back in the day.

x1Heavy, May 9, 2018

#57
Moose1958 Road Train Member

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Mark Kling said: ↑

He cannot plead down and take a driving school... this is Anti-Masking and is illegal

.
Click to expand...

This thread was started last year when I was in the hospital. Reading it just now triggered something from my memory. This comes from the state of Missouri and is from the FMCSA's response to their question on this rule. Link to below!

The state of Missouri requested clarification from the Federal Motor Carrier Safety Administration regarding the masking provisions outlined in the Motor Carrier Safety Improvement Act that became effective on September 30, 2005. The following scenarios were addressed and responses published on March 20, 2006.

Note) FMCSA: Generally, for masking or diversion to occur, there first must be a judgment of guilt. For example, masking may occur when the court holds the paperwork on a conviction for some reason and does not allow the State to take appropriate action. Diversion may occur when the court allows a driver – after an adjudication of guilt – to perform alternate services such as traffic school to get the conviction erased.

Situation #1: CDL holder issued traffic citation for Driving While Intoxicated in his private vehicle. Prosecutor reviews the records and determines that there is a problem with the evidence and decides not to prosecute the case, so no charges are filed with court. No conviction is entered.

Response) FMCSA: No violation of 49 CFR §383/384. The federal CDL regulations require a conviction as defined by §383.5. In this case, the evidence did not support the burden of proof to be properly adjudicated by the prosecutor and there were no excepted actions taken to otherwise circumvent the regulations (i.e., no masking or diversion of the offense or penalty).

Situation #2: CMV operator is issued traffic citation for "Careless and Imprudent" driving. Prosecutor files charges for "Careless and Imprudent Driving". Case goes to trial and contrary evidence is presented by operator to show he was not driving in a careless and imprudent manner and court ultimately dismisses the case.

Response) FMCSA: No violation of 49 CFR §383/384. Again, the federal regulations require a conviction and in this case the court found flawed or lacking evidence to convict the driver on the offense cited. There were no excepted actions taken by the court to otherwise circumvent the regulations (i.e., no masking or diversion of the offense or penalty). Ultimately, the driver in this case received his/her day in court and prevailed.

Situation #3: CMV operator issued traffic citation for "Improper lane change in a CMV". Prior to the citation being filed with the court the prosecutor determines to only file the charge as a "defective muffler". Final conviction is for "defective muffler" and that is the only charge ever signed by the prosecutor or filed with the court.

Response) FMCSA: This practice is not in violation of 49 §CFR 384.226 because the violation was reduced before a judgment of guilt was pronounced. Before we can apply the conditions in 49 §CFR 384.226 to determine whether masking has taken place, there has to be a judgment of guilt (conviction) for a violation. The masking provision in 49 CFR §384.226 do not prevent plea bargaining from taking place.

Situation #4: CDL holder is issued a traffic citation for "Excessive Speed" in private vehicle (speeding 75 mph in 60 mph zone). After original charge is filed with court, prosecutor amends original charge to "Speeding 65 mph in a 60 mph zone". Final conviction is for Speeding 65 mph in a 60 mph zone.

Response) FMCSA: This practice is not in violation of 49 §CFR 384.226 because the violation was reduced before a judgment of guilt was pronounced. Before we can apply the conditions in 49 §CFR 384.226 to determine whether masking has taken place, there has to be a judgment of guilt (conviction) for a violation. The masking provision in 49 CFR §384.226 do not prevent plea bargaining from taking place.

Situation #5: CDL holder operating a non-commercial vehicle and is issued a traffic citation for "Failure to Yield Right of Way". Prosecutor files charges for "Failure to Yield Right of Way". Court convicts person of "Failure to Yield Right of Way” and the conviction is posted in the driver’s record, but allows a Driver Improvement Program in lieu of having the director assess points on the Missouri driving record.

Response) FMCSA: The failure to assign "points" does not violate 49 CFR §383/384. However, if the federal regulations required the imposition of a disqualification period for the convicted offense and the court then allowed a Driver Improvement Program in lieu of having the director impose a disqualification for the prescribed period of time this would be in violation of 49 CFR §384.215/284.213/384.231 as a diversion deferral program.

Situation #6: CMV operator is issued a traffic citation for "Operating a CMV while Suspended/Revoked/ Withdrawn". Prosecutor files charges for "Operating CMV while license suspended/revoked/ withdrawn". Final conviction is for "Operating CMV while license suspended/revoked/withdrawn. Later, court allows attorney for CMV operator to withdraw original plea and conviction and after new court hearing, court ultimately enters a conviction for "Improper CDL Class/Endorsement".

Response) FMCSA: This is not in violation of 49 CFR §384.226 because the court vacated (withdrew) the original conviction or adjudication of guilt. By granting the attorney’s request to vacate (withdraw) the original plea and conviction, the court has nullified the conviction. The definition of “conviction” in 49 CFR §383.5 defines a conviction to mean “an unvacated adjudication of guilt”.
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What this says is it is ONLY CONVICTIONS that can't be done that way. It is clearly OK to do this because I got a ticket in downtown St Louis and plead guilty to a noise violation and the case went away. It is totally possible to do driving school if the violations are changed before a conviction is entered. In this way the DA can make a deal then change the charge. With all due respect this is one reason why people really need to seek out official opinions of the FMCSA and/or A real Attorney before quoting a rule like this.

Moose1958, May 9, 2018

#58

Mattflat362 Thanks this.
TROOPER to TRUCKER Anything Is Possible

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So any warning from and officer affects CSA and PSP?

TROOPER to TRUCKER, May 9, 2018

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ZVar Road Train Member

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TROOPER to TRUCKER said: ↑

So any warning from and officer affects CSA and PSP?
Click to expand...

Depends on what you mean by warning. No seriously, I'm not Clinton.

Like you know, there are two parts to a CVSA inspection.
1.A violation as per CVSA, written on an inspection form and filed with DOT
2. A citation. This is a local/state fine for the violation.

If the officer wrote up the violation, but issued no fine (usually called a warning) it is put on the CSA and PSP reports. If he does not write up the violation then yes, it's a true verbal warning with no report.

ZVar, May 9, 2018

#60

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