2008 Citation for missing mud flap in TX I forgot about just came back to haunt me...

Discussion in 'Trucker Legal Advice' started by AudiGuyS8, Nov 15, 2013.

  1. AudiGuyS8

    AudiGuyS8 Bobtail Member

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    Nov 14, 2013
    Tampa, FL
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    Hello all, I'm new to the forums as a member, however I've been a guest(Lurker) about 4 years now lol, but anyway I want to say thank you in advance for all replies, and apologies if I'm posting in the wrong section, and I couldn't find the answers or advice I needed in the search. Ok so here is the scoop... I left the corporate world to try something new in 2007, I found a CDL training and truck driving AD in my job search, hmm why not. Well the AD was the Notorious C.R. England, I honestly have nothing bad to say about them, my experience was all around good and I made money, my DM whom I still use as a reference to this day was cool. I was a lease driver, and I would say my success came from the trainer I had, and I asked a ton of questions and took notes on how to make money in the business, my failure was my own fault, GOAL is a rule I didn't follow...

    Ok enough of the background, in 2008 I was taking a load to Florida(Home) from I believe it was Laredo, TX. I was pulled over by a trooper in Beaumont, TX. He said I was missing a mud flap on the trailer, I told him that's weird because I fueled up in Houston TX, and when I did my pre-trip it was there, I even pointed it out on the log book. I told him it must have came off some where in between Houston and the current location. Well NO MERCY I got the ticket anyway. Well to this day I can not remember where I put the #### ticket, in fact I was so excited about going home for the first time in months and the pettiness of it all I just completely forgot about it. FAST FORWARD a few months later I was let go from CR ENGLAND because of two minor yet major(since I was termed for it) preventable accidents, one before the ticket incident and another after. Well back to being a corporate robot again.

    5 Years later....

    So yesterday I called the local DMV to ask about a passenger endorsement(local bus service is hiring, figured why not), long story short(again) I was informed that my DL is Suspended in TX, (TX was where I did the schooling for CR England and originally received the CDL), so although I had them transferred to my home state of Florida I guess I'm still a registered driver in TX as well. It's crazy because when I did an address change last year nothing showed up, also my company does background/credit checks once a year and no red flags there either, so I'm guessing the DOT systems between states are catching up?? Well I contacted DPS(TX) and yes my TX DL is suspended because of the mud flap citation and a Failure To Appear Charge/Warrant as well. OUCH...

    I can pay the fines for the ticket and FTA charge on their website and almost did until I saw the fine print that said if I pay the fine I am PLEADING GUILTY!! And it could possibly mean points or a mark on my DAC, Driver History, CSA, ETC, and although I may not drive a truck again, I don't want points or any other marks on my driver history especially for a MAGICALLY DISAPPEARING MUD FLAP! Although I was termed from CR ENGLAND for the 2 accidents(no police reports), they are not on my DAC, if they were I would honestly just pay the fine and wash my hands with it. I contacted the court clerk in TX, she said I can fax a letter stating I want to Plead Not Guilty, but I would have to go to TX for Traffic Court and talk to the DA, which they only have once a month.

    So my question is would a Guilty Plea for Mud Flap Citation cause any negative affect on my CDL.
    What are my chances of getting it dismissed, I mean I am willing to accept the FTA charge(My own negligence), but I feel like the mud flap citation is not my fault, I can't control a mud flap falling off.
    What would you do? What should I do?

    Thanks in advance
     
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  3. Meltom

    Meltom Road Train Member

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    Your DAC is what it is at this point, your PSP probably won't show a ticket at this point, it's going to be easier to get your license reinstated now than it will be when/if you decide to get into trucking again. Either way you'll need to do a refresher at the very least when you get back in, so you'll be starting with another training company. Don't worrying about what the reports say, worry about your CDL being suspended, that is more important than anything else in this situation.
     
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  4. AudiGuyS8

    AudiGuyS8 Bobtail Member

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    Nov 14, 2013
    Tampa, FL
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    Makes perfect sense, Thanks for the Reply!!!
     
  5. pattyj

    pattyj Road Train Member

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    I would just plead guilty to the missing mud flap.Doubt you'll win this one.When you do a pre trip walk around ect,you move the mud flab bar to make sure its secure and the mudflap is not loose or torn.Drivers get citations all the time for a burned out trl light which wasn't like that the last place they stopped.Yes things are beyond your control once you start driving but the DOT could care less..Even though you say those accidents are not on your dac I would be more worried about that then the points for a missing mud flap.When was the last time you checked your DAC?
     
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  6. AudiGuyS8

    AudiGuyS8 Bobtail Member

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    Nov 14, 2013
    Tampa, FL
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    lol you said the same thing my wife said about the pre trip, she's my devil's advocate, but all in all you're right. @Meltom made a valid point as well...I think my situation would be worse if I was a driver with years of experience under my belt. Yep think I'm going to suck it up and just pay it. The copy of my DAC I have now is from 2011, I just ordered a new one 2 days ago since I was seeing a lot of transportation jobs. Can't wait to see what it shows now. Thank You!
     
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  7. blairandgretchen

    blairandgretchen Road Train Member

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    Join my club - its called . . .

    "I had a clean record until . . . "

    They don't make it easy. And they're not interested in reasoning or leniency.
     
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  8. Shadow Captain

    Shadow Captain Light Load Member

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    Denver,CO
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    So have you retained your FL CDL all these years? You might not be aware of the new regulation about registration of your medical card with your state DMV. It is surprising that FL never suspended your license over the unpaid ticket from TX. My state CO has somehow initiated reciprocity with California over unpaid inspection tickets from years ago! One friend of mind had his CDL suspended for a Cali chicken coup ticket that he never paid from 7 years ago! He swore to never return and never has---well now the ticket probably cost him $1500 including reinstatement etc. The state also added falsification and made him take all the written tests and road tests again. When you sign the form for a new CDL, it asks if your CDL is under suspension in this or any other state--he checked NO ! You might also check and see if FL offers a copy of your CDLIS printout besides the regular MVR.
     
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  9. AudiGuyS8

    AudiGuyS8 Bobtail Member

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    Nov 14, 2013
    Tampa, FL
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    Especially TEXAS! My friend said to try and get a trial and pray the cop doesn't show since its been 5 years lol, Not even sure if its even worth the time, money for travel and hassle.
     
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  10. AudiGuyS8

    AudiGuyS8 Bobtail Member

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    Nov 14, 2013
    Tampa, FL
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    I think it was late July when I was pulled over here in Tampa, FL at a check stop(highway patrol does this on occasion to catch DUI culprits), they ran the routine license check and nothing, I was free to go. Just did a DL check on the FDOT site, still shows valid here in FL, either way I'm not taking any chance, I'm going to pay the fines and be done with it.
     
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  11. blairandgretchen

    blairandgretchen Road Train Member

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    Equipment tickets aren't nearly as bad as moving violations. I think pay up and move on is best. GET A RECIEPT!!!!
     
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