Following Too Closely Ticket
Discussion in 'Trucking Industry Regulations' started by ramm440, Aug 26, 2012.
Page 3 of 5
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Slamming on the brakes is bad for you. You might end up legally right but dead
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it sure is...good eye..lol -
I live in NC. Ive been through there one time. I wanna say it was east bound. And they shut the roads down cause of the weather for a few hours. beautiful....
Giggles the Original Thanks this. -
Following too closely is considered a "Serious" violation.
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=383.51
(c) Disqualification for serious traffic violations.Table 2 to §383.51 contains a list of the offenses and the periods for which a person who is required to have a CLP or CDL is disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows: Code of Federal Regulations198
[TABLE="class: GPOTABLE"]
[TR="class: ROW"]
[TH="class: CHED"]If the driver operates a motor vehicle and is convicted of:[/TH]
[TH="class: CHED"]For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * *[/TH]
[TH="class: CHED"]For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV, if the conviction results in the revocation, cancellation, or suspension of the CLP or CDL holder's license or non-CMV driving privileges, for * * *[/TH]
[TH="class: CHED"]For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * *[/TH]
[TH="class: CHED"]For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV, if the conviction results in the revocation, cancellation, or suspension of the CLP or CDL holder's license or non-CMV driving privileges, for * * *[/TH]
[/TR]
[TR="class: ROW"]
[TD="class: ENT"](1) Speeding excessively, involving any speed of 24.1 kmph (15 mph) or more above the posted speed limit[/TD]
[TD="class: ENT"]60 days[/TD]
[TD="class: ENT"]60 days[/TD]
[TD="class: ENT"]120 days[/TD]
[TD="class: ENT"]120 days.[/TD]
[/TR]
[TR="class: ROW"]
[TD="class: ENT"](2) Driving recklessly, as defined by State or local law or regulation, including but, not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property[/TD]
[TD="class: ENT"]60 days[/TD]
[TD="class: ENT"]60 days[/TD]
[TD="class: ENT"]120 days[/TD]
[TD="class: ENT"]120 days.[/TD]
[/TR]
[TR="class: ROW"]
[TD="class: ENT"](3) Making improper or erratic traffic lane changes[/TD]
[TD="class: ENT"]60 days[/TD]
[TD="class: ENT"]60 days[/TD]
[TD="class: ENT"]120 days[/TD]
[TD="class: ENT"]120 days.[/TD]
[/TR]
[TR="class: ROW"]
[TD="class: ENT"](4) Following the vehicle ahead too closely
[/TD]
[TD="class: ENT"]60 days[/TD]
[TD="class: ENT"]60 days[/TD]
[TD="class: ENT"]120 days[/TD]
[TD="class: ENT"]120 days.[/TD]
[/TR]
[TR="class: ROW"]
[TD="class: ENT"](5) Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident[/TD]
[TD="class: ENT"]60 days[/TD]
[TD="class: ENT"]60 days[/TD]
[TD="class: ENT"]120 days[/TD]
[TD="class: ENT"]120 days.[/TD]
[/TR]
[TR="class: ROW"]
[TD="class: ENT"](6) Driving a CMV without obtaining a CDL[/TD]
[TD="class: ENT"]60 days[/TD]
[TD="class: ENT"]Not applicable[/TD]
[TD="class: ENT"]120 days[/TD]
[TD="class: ENT"]Not applicable.[/TD]
[/TR]
[TR="class: ROW"]
[TD="class: ENT"](7) Driving a CMV without a CDL in the driver's possession1[/TD]
[TD="class: ENT"]60 days[/TD]
[TD="class: ENT"]Not applicable[/TD]
[TD="class: ENT"]120 days[/TD]
[TD="class: ENT"]Not applicable.[/TD]
[/TR]
[TR="class: ROW"]
[TD="class: ENT"](8) Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported[/TD]
[TD="class: ENT"]60 days[/TD]
[TD="class: ENT"]Not applicable[/TD]
[TD="class: ENT"]120 days[/TD]
[TD="class: ENT"]Not applicable.[/TD]
[/TR]
[TR="class: ROW"]
[TD="class: ENT"](9) Violating a State or local law or ordinance on motor vehicle traffic control prohibiting texting while driving.2[/TD]
[TD="class: ENT"]60 days[/TD]
[TD="class: ENT"]Not applicable[/TD]
[TD="class: ENT"]120 days[/TD]
[TD="class: ENT"]Not applicable.[/TD]
[/TR]
[TR="class: ROW"]
[TD="class: ENT"](10) Violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a CMV.2[/TD]
[TD="class: ENT"]60 days[/TD]
[TD="class: ENT"]Not applicable[/TD]
[TD="class: ENT"]120 days[/TD]
[TD="class: ENT"]Not applicable.[/TD]
[/TR]
[/TABLE]
Table 2 to § 383.51 -
altho i have changed it now, to TX oilfield sunset... -
I am sure I know the DPS officer who cited you. Here is a funny story about following too close.
I do tons of Arizona DPS escorted loads (oversized), about 2005 or 6 I was on a load in Globe AZ and the rookie cop in front was staying about 100 feet in front of me, he had no CB so I just kept slowing and he would slow... After about 10 miles of this I found our first wide spot and pulled over, I asked him "what speed do you want me to go"? He asked what I felt was safe, I told him 50 MPH. We get rolling again, same thing, he stayed 100 feet ahead of me as I eventually slowed to 30 MPH. I stopped again, he and the rear DPS were getting mad because I was going so slow. I asked "are you going to issue me a fallowing too close ticket", they said no (despite my arrogant attitude) so we took off... I put 150K pounds of Peterbilt and Cat about 3 feet off his rear bumper at 50 MPH. He got the point. -
First and foremost, if your going to fight a ticket make sure you get a trial by a JURY!!!
Since you have already lost in this court room, the chances of you getting an appeal are slim and none. Your attorney should have known better than this if he is worth a darn. Just remember, the judge and cop see each other quite often and 99% of the time will take the cops word over yours. When you ask for a trial by jury, the courts have a tendency to loose a citation or be willing to drop the charges to something lower. It is ALWAYS about the dollars a court can make from you vs. the cost of getting it. -
had accident with injuries, ticketed for failure to stop on red, asked for jury trial, no jury for traffic, "bummer" talked to d.a. no help,while in court i questioned officers on scene and "surprise" i don't remember. convicted w/$100 fine. judge,d.a. and cops are all in the same bed or things don't work right for them. is what it is
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I see posts like the two immediately preceding this one, and I just have to chuckle. These guys have obviously never seen it from the point of view of the cop, who is up against a judge who hates cops. I hate to burst your bubble guys, but it goes both ways. Yeah, really.
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