1st speeding violation

Discussion in 'Questions From New Drivers' started by gonfishin, Apr 22, 2012.

  1. Roadmedic

    Roadmedic Road Train Member

    Joined:
    Apr 4, 2007
    Messages:
    18,951
    Thanks Received:
    8,981
    0
    Online driving school class is not legal under FMCSA regulations.
     
    CenutryClass and Gizmo_Man Thank this.
  2. MNdriver

    MNdriver Road Train Member

    Joined:
    Feb 24, 2012
    Messages:
    7,985
    Thanks Received:
    4,372
    0
    Big deal.

    The court accepted it
     
    x#1 Thanks this.
  3. Roadmedic

    Roadmedic Road Train Member

    Joined:
    Apr 4, 2007
    Messages:
    18,951
    Thanks Received:
    8,981
    0
    They might have accepted it, but the company has no choice but to adhere to the rules.
     
    Gizmo_Man Thanks this.
  4. Privy

    Privy Light Load Member

    Joined:
    Aug 15, 2011
    Messages:
    117
    Thanks Received:
    29
    Location:
    Sierras ,CA
    0
    Almost the same thing happened to me in 2010 just got my CDL again and less than a month later got a speeding ticket but on the freeway not a construction site for 15mph over the posted speed limit on my motorsickle. Could not take drivers training because of just getting CDL, didn't think much of it at the time only ticket in about 20 years so I just blew it off and paid the fine.

    I know anything at 15mph or above is a red flag, most company's will want that ticket at least 3 years old it has screwed me out of a couple places I wanted to get into. I would take the time and go to court and see if you can lessen the charge in anyway seeing as it is only 12mph over might work to your advantage. I was told by one company if my ticket was for 14mph over instead of the 15 it would of been acceptable I learned my lesson when the cop seen my CDL he only wrote me up for 15 over even though he clocked me at 96mph I got lucky in a way he could of really screwed me.
     
  5. MNdriver

    MNdriver Road Train Member

    Joined:
    Feb 24, 2012
    Messages:
    7,985
    Thanks Received:
    4,372
    0


    Big deal, the court dismissed it so it never went on his record.
     
    x#1 Thanks this.
  6. Roadmedic

    Roadmedic Road Train Member

    Joined:
    Apr 4, 2007
    Messages:
    18,951
    Thanks Received:
    8,981
    0
    Companies have been changing their policies to include tickets received.

    It is also relevent, IF, an inspection was performed as well.

    Otherwise, he might be lucky, but not truly.

    Some police depts go ahead and contact the companies direct after the ticket is issued.

    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=384.226

    Here is the rule:

    § 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.
     
  7. MNdriver

    MNdriver Road Train Member

    Joined:
    Feb 24, 2012
    Messages:
    7,985
    Thanks Received:
    4,372
    0

    Ticket received is NOT a conviction. It was dismissed. To hold it against the driver is violating his rights to due process. Oh wait. That no longer applies to a CDL holder I guess is what you are saying.


    Reference the specific statute or regulation that makes a dismissed ticket still valid and has clout.
     
  8. Privy

    Privy Light Load Member

    Joined:
    Aug 15, 2011
    Messages:
    117
    Thanks Received:
    29
    Location:
    Sierras ,CA
    0
    Just seen this I'm not sure how you pulled that off but I guess that is what you are paying a lawyer for because once you have a CDL your not suppose to be able to do driving school you got lucky also.
     
  9. Elendil

    Elendil Heavy Load Member

    Joined:
    Mar 27, 2011
    Messages:
    921
    Thanks Received:
    626
    Location:
    Ottawa, IL
    0
    You need an attorney to negotiate this for you..............
     
  10. Roadmedic

    Roadmedic Road Train Member

    Joined:
    Apr 4, 2007
    Messages:
    18,951
    Thanks Received:
    8,981
    0
    There are no regulations, but there are departments that contact the companies safety departments. I know of 2 that it happened to even though the convictions were not on the record yet.

    In addition, companies are becoming proactive on this and insurance companies are pushing for the tickets being reported when received.

    Take it up with them.

    I have not had a speeding ticket since 1974.