my other problem... i had a photo radar ticket (in my personal vehicle) on oct 7, 2010.
flash forward to last month...
i get a ticket coming down a mountain pass on my way to san diego. i tell the the CHP Officer i had recently aquired my cdl... im an idiot, im sorry (all that good stuff)... "Officer, could you please cut me any break at all?"
He grunts, takes my info back to his car and after a few minutes returns.. with a speeding citation. I stuff it in the glove box and decide not to even look at it till after we have our vacation and get back to phoenix!
So now back at home i study the ticket and notice he put my court date off till oct 11 2011... nearly three months away and oddly just days after the 1 year mark for my last ticket? is that coincidence?
Also on the ticket, in the area where he is suppose to check cdl license or normal license he checked normal.
what am i to make of these 2 oddities and what should my action be on it?
help with a cryptic speeding ticket
Discussion in 'Questions From New Drivers' started by jaysin, Aug 15, 2011.
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Next date available, most likely. And whether he put CDL or not isn't going to somehow magically invalidate the ticket. You'd treat it like you'd treat a speeding ticket. If you can afford an attorney, better to go that route. They might (nothing is guaranteed) be able to spare you from getting more points on your license.
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I don't see any break or magic in it being one year. For CSA and my state's MVR, it would need to be three years to make any difference.
My guess is he writes more tickets to drivers with normal license than CDL and he marked it out of habit. I know you wouldn't believe that the way commercial drivers complain about being picked on. I don't think this will make any difference either.
Have you reported it to your company? What is your company's policy on reporting tickets? Under Part 383.31, you are required to notify your home state and your employer, in writting, within thirty days of conviction. Many companies require notification within a day or two of getting the ticket.
I would fight it. I don't get many tickets but I never just pay one. It always costs more but I usually get a better outcome. -
I don't suppose you're fortunate enough that he forgot to sign the citation?
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how does the point system work for cdl drivers... i have a photo radar ticket from october 7th, 2010 and this new ticket will be settled one year and a few days after the previous. what will the repercussions be? will i basically go from 4 points to 0 points back to 4 points in the course of a few days? -
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harleymanjax,
I fully understand a ticket stays on your mvd report for 36 months... or even 60 months in some places...
i am refering to the points system. ie: 4 points for speeding 2 points for lesser moving violations 8 points for dui, injury accident...etc.
my intructor told our class that (other than criminal moving violations) your points reset every year. im just not sure if its every year from your most recent violiation or if its a set annual date?
I guess in my case it really doesnt matter since both violations will be settled just more than a year apart.. oct 7, 2010 and oct 11, 2011.
now if my instructor was drunk this particular school night or suffered a stroke and was not in his right mind and feeding us bad information... He also told us at 8 points you are reviewed... and likely suspended. is this correct?
Good God please feel free to make it clear to me! Is there a CDL points system chart or guideline of some sort i can study? -
In NY points stay on for 3 years, don't know if other states differ.
The foto ticket, did that put points on you lic.? I was under the impression that it was like the red light camras, just pay an "adminastration fee" and that was that.
As far as the recent ticket, fight it. If you haven't already plead not guilty do so NOW some places (NY) you have 10 days to do so. Also you MUST ask for a suporting deposition, that is the LEO's version of what happened and he CAN"T testify to ANYTHING ELSE thats not on it!Use that to build a defense.
BTW You do have to inform your employer (I assume future ones too) when you recieve a ticket not when your found guilty.
GOOD LUCK -
I'll share the Missouri system with you. Missouri has been this way for years.
Your state may be different. Many think all states are the same. Just the other day I found out a standard operator's license is a Class D, E, F depending on the state. IL will let you drive a service truck on a standard Class D, but MO requires a Commercial Class E.
In Missouri, a state speeding ticket is 3 points and a city speeding ticket is 2 points. So if you get a speeding ticket from a state officer on the Interstate it is 3 points. After one year it is reduced by one-third, after two years it is reduced by one-half and after three years it is reduced to zero.
So from the time you get it to the end of one year you have 3 points, then you have 2 until the end of two years and 1 point until the end of three years or 3, 2, 1 and 0. If it were 4 points it would be 4, 3, 1 and 0.
To be suspended for 30 days (first suspension) you must accumulate 8 points in 18 months. The second suspension will be for 60 days and your third and any subsequent suspensions are for 90 days.
To be revoked for 1 year you must accumulate 12 points in 1 year, 18 points in 2 years or 24 points in 3 years.
The suspension and revocation information came from Missouri's CMV web page. This information is the same as it was in the 70's when I got my first operator's license. You need to consult the Commercial Driver's Manual for your state to be certain of their laws.Last edited: Aug 16, 2011
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Now I'll share the FMCSA information. Do a Google search for "49 CFR 383.51". You will find the federal rules and regulations. It is extremely important you learn about the rules and regulations regarding a commercial driver. Keeping your CDL depends on your understanding and compliance with these rules and regulations. There is so much more to driving a truck than getting a CDL and driving.
You did not mention how many MPH above the posted speed limit you were ticketed for. This makes a big difference. According to Table 2, Part 383.51 two speeding convictions in a CMV of 15 MPH or more above posted speed limit, in a three year period, results in a 60-day disqualification from operating a CMV. If you get these violations in a non-CMV, and they result in suspension (usually 30-days) you still lose your CMV privileges for 60 days.
Now we have the company aspects to consider. This will vary from company to company. You will have to research the companies you are considering. It is safe to say you have limited your choices with your speeding violations. I don't know why anyone would talk about one year with regard to violations. Everything I know of references three years. Many companies look at a five-year driving history.
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