New CDL with ticket on my record

Discussion in 'Questions From New Drivers' started by robatsu, Aug 2, 2024.

  1. snicrep

    snicrep Road Train Member

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    mcallen, tx
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    Please follow up on how you end up. Alot of posts on here never have an ending. Like reading a book with the last page torn out.
     
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  3. Moose1958

    Moose1958 Road Train Member

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    Dec 17, 2010
    Williesburg, Virignia
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    There are several issues with the topic of this thread. @Ridgeline has stated more times than I can count he is held hostage to who his insurance company will allow to operate one of his vehicles. I understand this ticket should not have been placed on the DMV, but crap happens. It also happened before the OP got a CDL, this means that ticket is NOT subject to 383.51 Table 2. Insurance carriers are not concerned about this. 57 in a 35 is 22 MPH over the limit. I wonder if the OP ran into one of those places where the speed limit drops from 55 to 35 in the space of maybe 500 feet and missed the speed zone sign. A friend had this happen to him a while back on US 287 in Texas. He told me he had been daydreaming and was not paying close attention. A local cop ticketed him.

    My recommendation to the OP is to be mindful of the Tables found in 383.51 and remember once a violation hits the CDLIS another violation of ANYTHING in Table 2 is going to get you a vacation once your state does the CDLIS query.

    In other words, SLOW the (redacted) DOWN!!!!!!!!!!!!!!!!!
     
  4. robatsu

    robatsu Bobtail Member

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    Aug 2, 2024
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    I will report back how it goes.

    As a reminder, I didn’t even incur the speed camera ticket, my son did. He has slowed down.

    I include that in a comment along with the violation in my applications. Apart from that violation, I seem to be a pretty good ELD applicant.

    No other legal issues, no health issues, excellent credit, graduate level degree in mechanical engineering, 11 years of military service which all employers seem to want to know about, 4 years enlisted USMC infantry, 7 years Naval officer in submarines.

    And I have been getting a number of prompt and encouraging responses from recruiters at the typical starter companies, so perhaps the rest of my resume helps to offset this infraction somewhat.

    I am a bit more optimistic after just two days of sending out applications, but we will see.
     
    Last edited: Aug 3, 2024
    Reason for edit: Typo
  5. snowmantrucking101

    snowmantrucking101 Heavy Load Member

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    Lancaster, SC USA
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    Hauling manure would be better than Welfare Express. Forget that....6 other's waiting.
     
  6. Ridgeline

    Ridgeline Road Train Member

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    Dec 18, 2011
    Michigan
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    Then why didn't you go to court and have him take the hit for it?

    If it was my kid, I would have said "son, you ******* up and we all have to be responsible for our actions" but then while my kids are not perfect, they were taught not to do what their freinds have done, screwed up their driving record.

    Again I would have gone to court for this one, it is a serious infraction.
    Yes but it doesn't matter, see the applications are just a formality, the MVR is the record that we all go by, if it is there, then it is a show stopper. Now vacating it will not always get it off the MVR for a month or I've seen in one case six months so ...
    What is an ELD applicant?
    Rule number one in this industry for drivers - DO NOT TRUST RECUIRTERS.

    Just go watch Private Benjamin and you will know what I mean. If they say something that sounds good, it isn't true.

    Through the years, I have only met ONE recruiter who was honest and made sure that if he promised something, it would happen. He worked for a company that was bought out by a hedge fund and he left because he was told to lie, I wish other companies would have grabbed him but they didn't, he went into another industry as a headhunter and the last I heard he is retired because he worked on commission from the salaries.

    Now that said, I think this is a problem for many of you new drivers, and it is the fault of the schools, you should get a refund because they didn't explain up front what that ticket means. As moose said, I can't hire someone like you, no matter if you received an MoH because of that ticket, insurance companies rule this industry. The other part of this issue with the schools is they are telling everyone the "water is fine, come on in" while sharks are circling the dock to eat. Right now it is a carrier's employment market, so there are a lot of drivers to choose from and a lack of work building. We are in an election year and with it going one way to possible improvment (not going to go into this here) or the other with ruining the economy more, there is a chance we will see more of a slowdown and a hike in repos, and going out of business sales soon after the election.

    Don't be defeated, if you are determined to do this as a career, then be patient and plan your moves.
     
  7. silverspur

    silverspur Road Train Member

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    If your car gets stolen and the thief runs a bunch of red lights...?

    Back in the 60's people used to go to church and leave their cars unlocked with the keys in the ignition. One of the local kids knew this and borrowed cars for 20-30 minute joy rides.
     
  8. robatsu

    robatsu Bobtail Member

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    Update.

    Last week I filed online motion to vacate judgment with a description of the issue.

    Much to my surprise, it was granted and within two days along with an order faxed to DMV to vacate it from my record.

    A video retrial is scheduled for early Sept. I have obtained the speed cam photos and they are clear and show the driver is unmistakably not me.

    The MVR report is coming up clear now. Several companies are proceeding with hiring stuff even though I have told them this retrial is still in the offing.

    Talked with two attorneys who were both amazed that the case would get reopened. Highly unlikely the judgment would go against me. In addition, the charging officer retired last year so who knows if he will even show.

    Coast is looking pretty clear, but the fat lady has not yet sung.
     
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  9. robatsu

    robatsu Bobtail Member

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    Aug 2, 2024
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    The rest of the story.

    In response to my petition, my speed cam ticket conviction and MVR got vacated in early August. To refresh, it was a speed cam ticket 15+ over incurred by my son in my car that unbeknownst to me went on my MVR. Oregon is one of the few states that treat speed cam tickets as moving violations.

    It got vacated pending a video trial scheduled yesterday. Got the cam pics, my pics, and my sons pics uploaded in advance. In principle, I wouldn’t be obligated to identify who the driver was, just that it was not me.

    But I did not want to take any chances if push came to shove and it was legitimately my son’s ticket. So additionally my son attended the zoom session to take responsibility if that did become necessary.

    Signed on to the zoom session, and six defendants and one officer and judge and clerk were there on time. Judge gave the required 15 minute grace time, nobody else showed up.

    The defendant for the officer present was absent, so judge entered a default judgment in that case. No officer showed for the six defendant cases, so we all got our charges dismissed.
     
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