I just got a ticket need advice!

Discussion in 'Questions From New Drivers' started by snowez, Jul 5, 2021.

  1. Moose1958

    Moose1958 Road Train Member

    11,898
    16,160
    Dec 17, 2010
    Ainigriv Notpmah
    0
    I'm not an Attorney and I also am not privy to all the laws in the 48 lower about Speeding and Reckless Driving. All I can go by as to a CDL is what is clearly stated in 383.51 Table 2. Be mindful however that what constitutes reckless is left up to the state! It clearly states this. What little I know about it is what I have heard some cops say. In the words that U.S. Supreme Court Justice Potter Stewart said about porn. " I know it when I see it". Some cops have this mindset. The thing is as far as the FMCSA goes the penalty for either one is the same. I doubt it is this way in most states.
     
    dibstr Thanks this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. roundhouse

    roundhouse Road Train Member

    1,280
    2,421
    Jul 11, 2018
    0
    Always be polite and ask the revenue collection officer if they can reduce it .
    “ I’d sure appreciate it and it would save me a lot of trouble with my CDL and having to go to court if you could reduce it a little “

    and always always ALWAYS fight any and every ticket, either by negotiating with the prosecutor yourself or by hiring a lawyer.
     
  4. smokey12

    smokey12 Road Train Member

    1,160
    1,787
    May 30, 2012
    0
    He was driving his pov correct..if he was pretty sure that doesn't apply
     
  5. Moose1958

    Moose1958 Road Train Member

    11,898
    16,160
    Dec 17, 2010
    Ainigriv Notpmah
    0
    I suggest you read 383.51 Table 2. The FMCSA covers this in detail. They separate CMVs and non-CMVs And YES it does apply EVEN in a POV! There is a bit more to the Non CMV, but it does apply!

    [​IMG]
     
    Rideandrepair, smokey12 and dibstr Thank this.
  6. dibstr

    dibstr Road Train Member

    1,265
    845
    Sep 10, 2010
    Mississippi
    0
    Moose you are correct that it is a state thing and I can say without hesitation that as of a few years ago the last time I checked that no state had a statutory 15 mph threshold for reckless driving in fact most states don’t have a speed threshold for reckless driving at all. Of those that do there are a couple of 20+,some 30’s and 35+. One should be aware though that even though a state may not have a speed threshold and for that matter in those that do one can still be charged with reckless with speed as a factor depending on circumstances and also in most states doing less than the posted limit.
     
  7. Moose1958

    Moose1958 Road Train Member

    11,898
    16,160
    Dec 17, 2010
    Ainigriv Notpmah
    0
    I would also add that what the FMCSA has done with Table 2 in regard to reckless and 15 over tickets in Non CMVs is basically defer to the states. If a state has a really tough point system and you get a 2nd table 2 ticket they are suspending your CDL along with that state. I guess it is the FMCSA way to clean up. I personally think the way table 2 is written is a bit silly, but that's me.
     
  8. smokey12

    smokey12 Road Train Member

    1,160
    1,787
    May 30, 2012
    0
    Well I am showing how little I know as a retired municipal cop when it comes to DOT stuff
    .we just didn't deal with this kind of thing. For a regular DL in my state reckless driving is anything 25 mph over the speed limit..thanks for this info.
     
  9. Badmon

    Badmon Heavy Load Member

    706
    1,233
    Oct 6, 2014
    Deep south
    0
    Yooo idk if i missed something or not but i could have sworn he said hes paying $500 + working 3 weeks for free. What company is this??? Sounds like a craigslist 1099 ripoff gig
     
    kemosabi49 Thanks this.
  10. Moose1958

    Moose1958 Road Train Member

    11,898
    16,160
    Dec 17, 2010
    Ainigriv Notpmah
    0
    Going back to 383.51 Table 2 about a suspension. In Virginia, they allow 12 points in 12 months and 18 in 18 months. I am going from memory. I remember a CDL holder that lost his job because he got tagged for 6 points for driving with an obstructed view. He had plastic over his windshield. Then several months later got an Improper U-turn ticket near Richmond. This left him with 9 points. Then he got stopped in California out near Indio doing almost 25 over. When California reported that ticket Virginia took action. Remember the masking discussion a few comments back. Yep, he lost his CDL/DL for a while. This is why I tell drivers all the time. Easy does it!
     
    Bean Jr., dibstr and smokey12 Thank this.
  11. Rideandrepair

    Rideandrepair Road Train Member

    12,210
    36,342
    Aug 8, 2015
    0
    Good info.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  • Draft saved Draft deleted