fight a speeding ticket in MO or pay ticket?

Discussion in 'Experienced Truckers' Advice' started by cadillacdude1975, Dec 18, 2010.

  1. cadillacdude1975

    cadillacdude1975 Road Train Member

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    good bits of information here. i will call the DA there monday and see if talking to him/her goes anywhere.
     
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  3. truckinusa

    truckinusa Light Load Member

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    Anything you can do to beat the ticket. Never know when 2 or 3 will hit you in a short period of time. CSA 2010 points can be contested too. If you beat the ticket then fight the points with the FMCSA. Its called a data q or some crap like that. I got a warning for an unsecured load. Well its a state law that requires you have a bolt or lock on a hazmat load. Thought about contesting it since I have 8 points and its not a federal law.
     
  4. Rerun8963

    Rerun8963 Road Train Member

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    the CSA points will be next to impossible to get off your record. it will be a long drawn process. at least from what i have read about that thus far.
     
  5. Diogenes

    Diogenes Light Load Member

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    I agree with you on good bits of info.

    Instead of calling the DA, call the clerk of the court first. The number is probably on your ticket and they're the people who handle tickets at the lowest level. The DA gets involved if you decide to contest it.

    I suggest this because I've done it and some of them are reasonable people. They care about getting money into the state's coffers (first and foremost) and if a ticket is paid promptly without hassle, miraculously the darned thing doesn't always appear on your DMV printout. Go figure. :biggrin_25525:

    Personally, I don't even wait to get home to call. I call ASAP and send the fine via money order from the road. Not one speeding ticket has ever made it to my home state's DMV. Bear in mind that clerks are underpaid government workers (in a boring job) who shuffle paper all day long. Processing the ticket is the first priority and easily checked by a supervisor. The additional paperwork to send info to your state DMV is sometimes viewed as a hassle that might cut into their break time.

    You seem like a sensible person and I don't see you racking up a string of tickets over the years. If it were me, I'd pay the $83 ticket (cheap) and forget about it. If this were a major league, expensive ticket, I'd say fight it because lawyers can sometimes get an offense reduced to something less serious. As others have said, lawyers might work and they might not, but one thing is certain; you will pay them.
     
  6. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    Hummm, I havent been on this forum very long & I am still picking up on somethings but what is PSP & CSA?

    I know that by law a company HAS to run a D/L check on every prospective employee, as well as every regular employee on a yearly basis. But whatever this CSA & PSP is, do companies have to run these checks by law or is this just a company policy for some companies?

    As well, I know some states have a point system on CDLs but as far as I know, Louisiana has not gone to a points system. Does anyone know for sure & do you know, OR how can I find out how the point system works here?

    Thanks & sorry for so many questions in one post..
     
  7. DedHedEd

    DedHedEd Light Load Member

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    test,,,no links on 2 msgs. ok. next one!
     
  8. DedHedEd

    DedHedEd Light Load Member

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    cadillacdude, I see you are going to "call the DA". I think that is reasonable. Ask the Clerk first tho, if your ticket is 'in the system' yet. Sometimes it takes 7-10 days before it is in their system. You might ask them if they could 'reduce it to something like, 'disobeying a traffic sign'. (lol) I did that once in PA.
    If not, just pay the ticket. And dang sure don't be late paying it!! They will put out a Warrant for your arrest. And if you get pulled over in MO. again say at the Scales, and you haven't paid that ticket, you WILL sit until that is paid along w/Warrant fees. Might even go to jail on the spot.
    Carriers don't like that. They don't want to have their customers freight 'hi-jacked' by a driver who thought it unimportant to pay their simple traffic tickets! I can just about guarantee how much longer you will be employed with any of them, if you don't pay the ticket!:biggrin_25523: Gotta pay the tickets, or else.

    This is NOT a 'Major' or even a 'Serious' violation. You have a 'minor violation'. Had you been over 15 mph, it would be 'Serious'. You can read all about that here:http://www.fmcsa.dot.gov/registration-licensing/cdl/cdl.htm

    It is about 3/4ths' or more down the page. So, as your employer said, "it is not that big of a deal". Of course you don't want to make a habit of getting tickets. Not good, either. As far as Points on your license, look up your Motor Vehicle for whatever state you're licensed in.

    In Oklahoma, 10 mph over is 2 pts. And 2 pts. will come off your record, after one year, provided you don't add to it by another ticket. http://www.dps.state.ok.us/dls/pub/ODM.pdf It's way down there on page 94.

    I think CDL holders get twice the amount of points that non-CDL holders get, per year tho each state is different I suppose. CA you get 1 1/2 x. I forget what Oklahoma is. Maybe we don't tho...i forget.

    From the new CSA requirements, violations don't have 'points' such as a State will impose, but 'weighting' for each type of offense. You can see that here: http://csa.fmcsa.dot.gov/FAQs.aspx

    That is the link. On that main website 'FAQ' link clik on 'Show All' and you can see all FAQ's, if that link above doesn't work,,,tho I think it will. Scroll down to Item 60, and you can see that a 10 mph violation is worth a 'weighting' of 4. It is NOT 4 pts, as some suggested, but a 'weighting'.

    And this 'weight' does disappear in time; I can't seem to find the link, tho I saw it earlier. I think it is 3 years, each violation disappears from Carriers Ranking and drivers stuff, too. Somebody else can find the link. It does exist, tho I can't find it. ha.
    Basically what is happening, is that Big Brother is stepping up his authority and WILL keep track of a drivers tickets and infractions, and that the Driver WILL affect the Carriers Rating System. Poke around and you can see that...

    It looks like a glorified new Agency that is funded by whom? yes,,,us. It is to keep the roads safe, people. Right??

    Say for example you get a ticket and don't report it to your State. The FMCSA says you got 30 days to report it to your State. How many don't?? lol. My guess is the computer systems of all State police, etc, will notify the Fed's computers, etc, etc. They are all linking up. And there isn't going to be any more hiding of tickets. :biggrin_25513:

    Obviously they are going after drivers who continually exhibit behaviors that are unsafe. Drive safe, don't speed, don't be a Big Dummie :biggrin_25524: and you get to keep driving. If not, you can expect to hear from your Safety Department.

    This is interesting. "Carriers do not inherit any of a newly hired driver's past violations". http://csa.fmcsa.dot.gov/Documents/JustTheFacts.pdf


    What does that tell me? Well, if you make your current Employer get a BIG WEIGHTING,,,by getting multitudes of tickets, they might not like that. They don't like it NOW. Only thing is, I suppose, is that folks don't report their tickets and they don't find out about them. I guess they'd have to summons all 48 states DMV's to find out, huh. Huh. yeah... So Big Brother has kicked in...and will make sure they see everything we do. Yikes.

    So if you get booted from one place, the Fed's now have the info of any and all tickets. Sure, fight the 'Serious and Major' ones. You can't fight the little ones, or at least I've never seen it! You got time to go back to some court and fight it? Maybe tho, the carriers WILL have to do that and make sure drivers show up at court. Then of course the courts will catch wind of this little trick, and still lay out a guilty verdict, and the Carriers weighting is still bad.

    Truck driving isn't for losers. And the Feds is going to make sure it won't ever go back to that. If you have a CDL, and a job, be proud you are so skilled, is my belief. If your skills aren't so good, ya better practice and get better. Competion for jobs, will be for the skilled and skilled only. And be smart, not dumb, and you will keep driving. Go around this world being Mr. Bad As* Trucker, and you will see what happens. I got a feeling the ranks will get thinned in the coming years...:biggrin_25510:

    All these drivers tail -gaitin' 4 wheelers, thinking there was some law in the FMCSA regs that 'this is the way to move 4 wheelers outta the way,,,'cause I'm a big shot, and on a schedule,,,and I want more miles..., and get outta my lane, BS" LOL.

    Get a couple tickets of those and see how long your 'profession' is going to last. Most drivers bring it on themselves, and have no one,,,NO ONE else to blame for their accidents, and misfortunes. That said,,,good gd,,,give it a rest, Ed :icon_smile:
     
  9. Rerun8963

    Rerun8963 Road Train Member

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    i copied/pasted the points in my post, #4 above...it IS 5 POINTS against him NOW in the CSA...

    points for drivers stay on for 3 years

    points for the carrier stay on for 2 years....

    those points WILL FOLLOW him to the next employer, should he quit his job, as they DO NOT fall off if he changes employers. 3 years, they fall off.
     
  10. DedHedEd

    DedHedEd Light Load Member

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    Oh boy. They have 2 classifications for speeding.

    It will take a miracle of science to find that link that shows where 'points fall off record', I suppose! Hey Rerun, maybe you can link us to it. thx.


    Section Violation Description Shown on Roadside Inspection Severity Weight

    392.2C Failure to obey traffic control device 5
    392.2DH Headlamps - Failing to dim when required 3
    392.2FC Following too close 5
    392.2LC Improper lane change 5
    392.2LV Lane restriction violation 3
    392.2P Improper passing 5
    392.2PK Unlawfully parking and/or leaving vehicle in the roadway 1
    392.2R Reckless driving 10
    392.2RR Railroad grade crossing violation 5

    392.2S Speeding 5

    392.2-SLLS1 State/Local Laws - Speeding 1-5 miles per hour over the speed limit 1
    392.2-SLLS2 State/Local Laws - Speeding 6-10 miles per hour over the speed limit 4
    392.2-SLLS3 State/Local Laws - Speeding 11-14 miles per hour over the speed limit 7
    392.2-SLLS4 State/Local Laws - Speeding 15 or more miles per hour over the speed limit 10
    392.2-SLLSWZ State/Local Laws - Speeding in a work/construction zone 10
    392.2-SLLT State/Local Laws - Operating a CMV while texting 10
    392.2T Improper turns 5
    392.2Y Failure to yield right-of-way 5

    Fatigued Driver (HOS) BASIC:

    392.2H State/Local Hours-of-Service (HOS) 7
    Vehicle Maintenance BASIC:

    392.2WC Wheel (mud) flaps missing or defective 1
     
    Last edited: Dec 22, 2010
  11. Rerun8963

    Rerun8963 Road Train Member

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    i cannot find that particular link where "point fall off" just the link of the point system in of itself.. a driver's points stay on HIS record for 3 years. the trucking company points stay on their record for 2 years.

    here is the only link i have:

    http://csa2010.fmcsa.dot.gov/Documents/SMSMethodology.pdf
     
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