Best way to handle a CMV speeding ticket?

Discussion in 'Questions From New Drivers' started by 541johnson, Jun 13, 2012.

  1. 541johnson

    541johnson Bobtail Member

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    Hey guys, I got nailed in a speed trap down in NV doing 60 in a 30mph zone. The bear only cited me for speeding and was nice enough not to charge me with reckless driving. Also had a clean lvl1 inspection. Won't go into details except to say I have never in my life gotten so much as a warning in either my personal vehicles or a truck. The company I was with fired me for it, I'm just curious about three things. 1) Should I attempt to fight the ticket, or just pay it and move on. 2) Is there any chance of driving again any time soon. 3) are there any companies that will even touch me with this ticket?
    Thanks in advance.
     
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  3. CAXPT

    CAXPT Road Train Member

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    As I told my nephew who got his first ticket in a "speed trap", there is no speed trap. You got caught speeding, plain and simple.

    If you plan to keep driving, as recommended you should fight everything that's going to affect your PSP / MVR, since your livelihood, employability and level of pay become directly related to it. You may still have to pay a fine etc, but if you can get it reduced etc, it will help in your appeal to the PSP record.

    Depends on the company whether they choose to risk letting you load their points up and raise their insurance premiums.

    Very good question. Most speeding tickets for the SMS consideration under the Unsafe Driving Basic are ranked and assigned points accordingly to a chart.
    MPH Over, Severity Points
    1-5, 1
    6-10, 4
    11-14, 7
    15 and over, 10

    Violation weight + OOS total points get limited to 30, however when they then multiply that by weight (3) for the first year you've just lumped for that one infraction, minimum of 30 points, not counting anything that may also have been able to be added, I've seen 75 + points assigned for a single inspection.

    By the way 10 is the highest point given.

    Since those points of yours alone will be with that carrier for 2 years on his total, and with you for 3 years, do you think you should fight it? Do you think the carrier shouldn't have fired you? Do you think you'd hire someone that can't go the speed limit thereby raising your insurance and risk factors?

    Good Luck.
     
  4. Ruges

    Ruges Light Load Member

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    Ouch 30, does not look good.
     
  5. 541johnson

    541johnson Bobtail Member

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    I only say speed trap as an expression, not an excuse. Yes it was me driving, so yes regardless of circumstance it is my responsibility. That said from what I can see on the citation it would have been a 10 point csa violation. So 30 pts this year and dropping down each of the next years. What I really want to know is what exactly is a reduction. The citation and points would still be on my record correct? Would it simply be a reduction in fine?
     
  6. G/MAN

    G/MAN Road Train Member

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    If you get a ticket for 15+ mph over the posted speed it is considered reckless driving, whether you were cited for it or not. You will find it very difficult to find another driving position for a few years with that on your record. My insurance company would not touch you for 3 years due to the excessive speed. I would get a lawyer and see if it can be reduced to below 15 mph or to a non moving violation. I doubt that it would be changed from a moving violation, but if it can be reduced then you can at least find another job. There are several legal services that you can hire that specialize in this industry. Some set up shop at truck stops. OOIDA has one where you can get a discount if you are a member. I would expect to spend about $500 for the lawyer plus whatever they charge for the ticket.
     
  7. 541johnson

    541johnson Bobtail Member

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    Also @caxpt I 100% agree with the companies decision to fire me, had the roles been reversed I would have done the same thing. As for wethwr I think I should fight it, I am not a Nevada resident so I would have to take 3 days off work to go down there plus the expense of travel, all on the chance the judge reduces a $245 ticket. It would cost me more to go down and fight the ticket than to just pay and be done. I miss being a trucker, but my wife and son need me home more than I need the money I was making on the road.
     
  8. G/MAN

    G/MAN Road Train Member

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    If you hire a lawyer you should not need to go to court. You cannot afford to just pay this ticket if you want to drive for the next 3 years. With reckless driving on your record you will likely find it difficult to even find a local driving job. It would be in your best interest to hire a lawyer and let them deal with the ticket.
     
    RickG Thanks this.
  9. cadillacdude1975

    cadillacdude1975 Road Train Member

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    fight the ticket. it might cost you 500 or 600 bucks, but you do not want that ticket haunting you. and when i say haunt, say, god forbid, you are involved in an accident down the road, and it looks questionable as to who was at fault, this is where that ticket and any moving violation you have had will bite you. fight it NO MATTER WHAT THE COST.

    all you need to do is call a lawyer that resides in the county where you got the ticket. explain your situation, admit you know you were in the wrong. ask him/her what they will charge you to get it knocked down to a non moving violation. dont beat around the bush, tell him or her right up front what you want. they will either get with you on some email and fax paperwork, or tell you they can not help. believe me, there isnt a lawyer around who wont do this. it is a very simple process, that most can take care of with a phone call. it is very easy money for them to make.

    and did i say FIGHT THE TICKET?

    good luck.
     
  10. road_runner

    road_runner Road Train Member

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    Yup... what he said ------^
     
  11. CAXPT

    CAXPT Road Train Member

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    I think everyone else answered the rest of your concerns. Yes, it is worth it if you intend to drive again. Not only because it takes 3 years for the Federal PSP to drop your infraction, but because it takes 7 years if your employer participates in the DAC... that information is held for 7 years... so if you want to drive again and considering what everyone else has mentioned, YES!!!!! Fight it, don't just pay it. If you don't plan to drive again then don't bother, just pay the fine and be done, but remember, your insurance remembers for 7 years too, whether it was commercial or personal driving that got you that infraction. You may be paying more than $245 in insurance increases too.

    Good Luck.
     
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