Speeding Ticket

Yeah, they went with an owner-operator; not the same owner-operator though.
Hauling produce from California & back to Hunts Point, NYC & other points in the North East.

They looked on Craigslist, then made dozens of phone calls and left dozens of phone messages. Had a job within a week.

 

One thing to note. He doesn't have a CDL yet so the CDL restrictions currently don't apply. However, if he gets his CDL and looses getting the charge reduced he's subject to all the CDL restrictions including not being able to take a class to get it removed from the record. His best bet is to get the ticket taken care of and then depending on the outcome look at getting a CDL

Remember that almost all laws are date of conviction, not date of citation.

 

Yes, A CDL C is VERY rare. Most folks that I know of that have them are delivery drivers that are in smaller commercial vehicles that are delivering things like gas etc. They have to have hazmat!

 

I want to expand on this CDL C a bit more. 383.5 is where you will find how the FMCSA defines a CMV as it relates to a CDL. There are some weird quarks in the CDL law, this one about a CDL C is one that a lot of people never understood.

Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a -
(1) Combination Vehicle (Group A) - having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
(2) Heavy Straight Vehicle (Group B) - having a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or
(3) Small Vehicle (Group C) that does not meet Group A or B requirements but that either -
(i) Is designed to transport 16 or more passengers, including the driver; or
(ii) Is of any size and is used in the transportation of hazardous materials as defined in this section.

 

I got a big speeding ticket in New York once, before I had my CDL. Not quite that bad though. In any case, I hired a local traffic attorney in the area where I got the ticket and they got it changed to a non-moving violation. Best $250 I ever spent. I think it's best if you hire one and the same area so they have a working relationship with the prosecutor. I know you can't get it reduced or dismissed with defensive driving in New York like we can in Texas, but the prosecutor was still able to change it. This was in upstate New York. Is NYC different?

 

I would suggest at a minimum speaking to an attorney that handles traffic cases in the 5 boroughs. Most Attorneys won't charge for a few minutes. That much over the limit, I would not go into that courtroom without an attorney! Also, with respect, I would let that Attorney tell you that there is nothing that can be done! It would surprise people just how badly a coffee shop/truck stop Attorney can screw you up so bad you won't know up from down for 6 weeks.

 

lmfao that was dumb as hell