Just got my CDL, then got a speeding ticket in my car. Should I go to court?

Discussion in 'Questions From New Drivers' started by Montgomery, Dec 4, 2012.

  1. Big Don

    Big Don "Old Fart"

    17,996
    35,643
    Sep 8, 2007
    Utah's DIXIE!
    0
    This is to the OP: I'm of the opinion that you should go to court YOURSELF and plead not guilty. Now perhaps you do want to hire a lawyer. But even then, show up in court yourself. Since you are not yet a driver, you should be available for your court dates. (Something an OTR driver may not be.)

    My general belief, (retired lawman,) is that for the general population, if you got a ticket and you know you deserved it, pay then darn thing, learn from it and get on with your life. However, if for ANY reason you believe you did NOT deserve it, then fight it. But for a commercial driver, since your livelihood depends on it, ALWAYS fight it.

    Keep in mind that cops are human too, (in spite of what some folks think. . .) and they can make mistakes.
    It is not unheard of for the citing officer to miss the court date. That should = "case dismissed."
     
    technoroom, AfterShock and chompi Thank this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

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

  3. Irishtrucker

    Irishtrucker Medium Load Member

    489
    193
    Jul 20, 2009
    Sacramento CA
    0
    Got a 82 in 65 on I80 Sacramento. 1.30am on my motorcycle and my last night at my last job. Called TVC and even though its gonna cost me i'm willing to pay to get it reduced or dismissed.

    Anyone with experience of TVC would appreciate how you made out with them.
     
  4. chompi

    chompi Road Train Member

    5,653
    3,485
    Jun 21, 2008
    Deland, FL
    0
    I've never had any luck with those driver services/prepaid lawyer folks. That's just my personal experience though. I definitely would fight any ticket that you ever get. Your license is your "bread and butter" and you need it to survive. Do everything possible to keep it clean and on the "up n up"!
     
    Irishtrucker Thanks this.
  5. Roadrealtor

    Roadrealtor Road Train Member

    1,061
    1,070
    Aug 7, 2010
    Fort Myers, FL
    0
    That's the best advice...along with the one that said to change your driving habits. Your license is your livelihood now. Take no chances. Also, get it done fast. If you fiddle around too long, even with a good outcome, you look like your training was interrupted if you aren't working in 30-60 days. If you get the "interrupted" label, you are unhireable without going back to school (possibly only for a refresher rather than a full course, employers will tell you).

    Also, for CDL holder, .04 is a dui. I weigh 200lbs and won't take a chance if I have had even one beer. Texting is illegal in a truck in all states. Different rules for you now.

    Good luck and slow down!
     
    Last edited: Dec 5, 2012
  6. GasHauler

    GasHauler Master FMCSA Interpreter

    6,257
    4,365
    Oct 23, 2005
    Vegas/Jersey
    0

    While driving a commercial vehicle. If your state is different please show me the law. However, I wouldn't take any chances because even proving to a judge that you are within the law is going to cost you time and money.
     
    chompi Thanks this.
  7. Montgomery

    Montgomery Light Load Member

    120
    27
    Sep 5, 2012
    Virginia
    0
    Thanks to everybody who responded. Everyone is trying to help and I really appreciate it. The consensus seems to be that I should call the court and talk to them, which is exactly what I'm going to do. So obvious, but I didn't think it was a useful option, so thanks very much for that.

    A lot of folks are also saying I should plead not guilty (either by myself or through a lawyer). I'm curious... If one were to plead not guilty to a crime they did in fact commit, wouldn't they be asked to provide evidence to support their claim? Or is it just an understood thing that if someone with a CDL has a violation, they're smart to plead not guilty and the prosecutor and judge will do what they can?

    On a side note, a friend of mine got a ticket for expired registration in the same area, plead guilty in court, and they lowered the fine for him. Not sure what happened with the actual violation, though.
     
    AfterShock Thanks this.
  8. jbatmick

    jbatmick Road Train Member

    2,195
    2,458
    Dec 1, 2009
    hastings, Fl
    0
    Fight every ticket. I learned long ago you will always be glad you did.
     
  9. bender

    bender Road Train Member

    2,105
    1,352
    Jul 20, 2010
    Don't Kid Yourself
    0
    The law is all about proof. You are innocent until either you admit guilt to the accusation or you are proven guilty with evidence. The courts won't be tied up to prove most traffic cases (too expensive). This is to your advantage in challenging them to prove your guilt as long as you never admit guilt. They are most interested in collecting the full fine for the offense you are accused of, not the conviction.
     
  10. chompi

    chompi Road Train Member

    5,653
    3,485
    Jun 21, 2008
    Deland, FL
    0
    Don't worry yourself about the details. Like the other posters recommended, get a lawyer, and let them worry about it! You will be paying them plenty to do so! Also, some states/courts like in California for example will also make you post bail first if you are going to fight the ticket. Nonetheless this is going to be an expensive mistake so let it be a lesson and don't do it again...
     
  11. Roadrealtor

    Roadrealtor Road Train Member

    1,061
    1,070
    Aug 7, 2010
    Fort Myers, FL
    0
    The FMCSA synopsis state anyone required to hold a CDL....doesn't indicate while operating a commercial vehicle. Here is the link to the synopsis. http://www.fmcsa.dot.gov/rules-regulations/topics/drug/engtesting.htm

    If you have 200 lawyers, there will be 200 opinions. The message to the newbie is not a lesson in law, but a lesson in higher standards for CDL holders. I personally don't want to be the test case by having one beer and driving the personal car. Just ain't worth it.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

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