Reckless general non-speeding

Discussion in 'Trucking Industry Regulations' started by 9Ether, Oct 3, 2018.

  1. 9Ether

    9Ether Light Load Member

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    Jan 15, 2017
    Hampton Roads, Va
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    whats up guys? Quick question for anyone with any similir instances. I’ve been driving commercially for about 2 years now, however, last month I received a general reckless ticket on my motorcycle for doing a wheelie but it wasn’t an intentional wheelie, more like an “oh ####” moment. No speeding was involved. I have hired retained an attorney, but my question to you guys is, will my current company more than likely fire me if my attorney can’t get this reduced to improper equipment or improper driving? Are all reckless viewed the same whether by companies? Is it a standard to be fired for something like this?
     
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  3. x1Heavy

    x1Heavy Road Train Member

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    You sir have now a battle on your hands.

    This is one thing that will threaten your CDL.

    You can expect to be either suspended, revoked and more exactly flat unable to touch a CMV for that period of time. I cannot imagine the fines against you as well as points that will stand against you for three or more years. It might be serious enough to be branded into your driving record for 10 years.

    You better be very groveling and beg mercy and explain that you flubbed your motorcycle and it almost got away from you. If under questioning you smile and say it was fun... they will throw the book at you. And that will be that.

    In short a quote from Virginia...

    CDL Suspension Due to Accumulation of Certain Offenses

    A CDL will also be suspended upon conviction of a reckless driving violation due to having committed certain prior violations.

    If the driver has already been convicted of one of the following violations his CDL may be disqualified for a certain period of time (see details below):

    Speeding 15 or more mph over the speed limit
    Reckless driving
    Improper or erratic lane change
    Following too closely
    Commission of offense relating to motor vehicle traffic control that results in a fatality
    Driving a commercial motor vehicle without first obtaining a CDL or a Commercial Learner's Permit
    Driving a commercial motor vehicle without a CDL in the driver's immediate possession
    Driving a commercial motor vehicle without the proper class of commercial driver's license and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported
    Violation of an offense related to texting while driving, regardless of whether the offense was committed while operating a commercial motor vehicle
    Violation of an offense relating to operating a commercial motor vehicle while using of a handheld mobile telephone

    If the driver has been convicted of one of these offenses while operating a commercial vehicle within the three years prior to the commission of the reckless driving ticket his license will be suspended for 60 days (or 120 days for three prior violations.) § 46.2-341.20.

    If the driver has been convicted of one of these offenses while operating a noncommercial vehicle within the three years prior to the commission of the reckless driving ticket and both the prior offense and the new reckless driving violation resulted in a suspension, or revocation of his privilege to drive his license will be suspended for 60 days (or 120 days for three prior violations.)
     
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  4. 9Ether

    9Ether Light Load Member

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    Jan 15, 2017
    Hampton Roads, Va
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    I appreciate the reply! Yea that’s the same information I came up with by searching google. I don’t have any prior convictions in the past 3 years, I’m +5 points on my MVR (and I just took a driver improvement course for another 5)....I know filling it an application no company will touch you with a recent reckless, but what about when you’re already employed? Are reckless citations typically reviewed or is one not due to speed viewed the same as speeding by a motor carrier?

    I’m just hoping that if it doesn’t get reduced, that my current company just doesn’t give me the boot smh. I’ve just gotten approved by my bank for financing of my own truck, and was going to pull with them as an O/O... IE I don’t want to pull the trigger just to have a truck payment and company to haul for.
     
  5. x1Heavy

    x1Heavy Road Train Member

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    White County, Arkansas
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    That is why I say. If you are employed and are convicted... you probably will be going home a while UNEMPLOYED.

    IF the state decided to punish you for no touching anything with that suspended or revoked license then you are going home a while. And probably not collect unemployment. Or drive anywhere.
     
  6. stillwurkin

    stillwurkin Road Train Member

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    See, you should get a Harley, then no danger of pulling the front wheel.
     
  7. Buckeye 60

    Buckeye 60 Road Train Member

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    for sure get a lawyer and fight but before you do maybe try and talk to the prosecutor and explain the situation where you will lose your job . most prosecutors will work out something that you plead no contest too that won't affect your cdl ...like a seat belt ticket .... unfortunately we have to fight every ticket and more guys get into more trouble in there personal vehicle than the truck and it counts the same against your cdl
     
  8. 9Ether

    9Ether Light Load Member

    50
    32
    Jan 15, 2017
    Hampton Roads, Va
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    Thanks for the input guys. VA is only as strict as your driving record requires them to be. The most I’ll face is a 250 dollar fine and a criminal misdemeanor charge on my record if convicted. The suspensions come when you’re a repeated offender. I just pray that IF convicted, I don’t get the boot. That’s really my only concern as I planned on running with this company for the next several years anyways. I’ll keep you guys posted for sure.
     
  9. BUMBACLADWAR

    BUMBACLADWAR Road Train Member

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    Youre Only Hope is to get an ASA certified mechanic to write out a notarized statement ...Claiming something to the effect of a "sticky,binding throttle cable stuck and he repaired it for $336.Faulty Equipment...Maybe a lawyer or "more money to the court" Could Salvage you.Just what Id try
     
    Dave_in_AZ and John A. Thank this.
  10. snowwy

    snowwy Road Train Member

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    I"m curious as to how one gets one of them OH #### moments and accidently pops a wheelie.

    I"ve been riding 36 years and have yet to encounter anyone who's throttle just accidently opens itself up.

    Anytime you get a ticket. A lawyer is always wise. Some states will allow a citation change. You still pay the fine and you won't need to go to court. There's an additional lawyer cost on top of the ticket. But you need to protect your cdl and stop doing those OH #### wheelies.
     
  11. buddyd157

    buddyd157 Road Train Member

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    have the lawyer plea it to like maybe a inop brake light, or broken mirror, BUT PAY the full amount they want, cuz that's all they want, the money.

    this could be your ONE AND ONLY TIME, you may be able to get this reduced..the NEXT TIME, you may not be able to have this reduced....as YOU WILL BE ON FILE now......
     
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