Ticket dismissal for CDL holder in their personal vehicle

I was using my smartphone this morning when I made that last comment. I want to add to it. §384.226 is clear and those guidance comments the FMCSA gave the state of Missouri are clear as day to me. Your example actually makes the point countless posters have made in these threads over the years. Get an attorney! Don't sign or say anything without legal help. Because once you let a court bully you into a guilty plea the provisions of §384.226 come into play. I know several Attorneys and paralegals. One of the most frustrating aspects of their careers are having to clean up after someone that tried to do it himself. The other day I made a post about acting pro se in Habersham County Georgia state court in a jury trial. I won that case. However I also had 2 months to get ready. I spoke to a paralegal that gave me some sage advice to go speak to one of the Attorneys in her office. This Attorney used to be a State Court Judge. I was ready. DO NOT go into any court acting pro se totally ignorant of the process. It's dangerous and in some aspects it might cost you your CDL!

 

Totally agree, go in armed with an attorney.

Even the MO link you quoted and posted states “Note) FMCSA: Generally, for masking or diversion to occur, there first must be a judgment of guilt.” That’s what I stated “generally”. It’s clear as day to me that “generally” does not mean always, as it obviously doesn’t to the DA’s association. I then offered an example of when a conviction is not necessary according to the National District Attorney”s Association.

So the question would be when would a conviction not be necessary. You can plea down on a legal or fact basis and that is not considered masking, but if a plea is accepted on a sympathetic basis because of what it will do to your CDL, that’s considered masking. Will it ever be recognized? Lacking a stimulating event (Investigation after fatal accident etc) probably not.

 

A guilty plea IS a judgement of guilt. Come on, don't do this! Your over complicating this issue to push an obscure point. This ticket masking issue has 2 parts. The first part is the local court and the other part is the FMCSA. Once the violation is tried in court and the violator is either found guilty by a court or pleas guilty it become a CONVICTION as defined by §384.226. Your original example was of someone that had been convicted of a charge, again a guilty plea is a conviction. Any attempt by a Judge later other then tossing the case after other information comes into play is considered by the FMCSA as ticket masking.

 

For the record this is what the FMCSA define as a conviction. I underlined and made bold the important part.

Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

This comes from § 383.5. If you go to §384.105 you will see the FMCSA directs you to this section to define what a conviction is.

 

I wish I knew how to post links , There's a another good artical by. banksbrower negotiating tickets. Straight foward easy to read.

 

Its easy. You can just left click over the link and copy it. Bring it here and type the Ctrl and the V keys at the same time.

 

I try it next time I'm on my laptop.
99.999% I'm on my phone while on ttr.

 

My lawyer told me that if your going to speed keep it under 14mph over the limit. Once you cross 15mph it becomes a crime therefore very difficult to deal .

 

In some states they draw a difference between a misdemeanor and an infraction. I think this is what you are saying. Some charges you can get require your arrest. Thankfully most of the time all you have to do is sign the promise to appear. This is getting close to another thread where the word (felony) was being used. Depending on where you are this difference can be anywhere from a mile over to 20. In some places like a school zone they will castrate you. In most states driving drunk, reckless driving, racing, leaving the scene of an accident or excessive speed state law requires you to actually be arrested and have to face a judge.

Some of you youngsters don't remember how it used to be out there. I do not remember exactly where. However my father got a speeding ticket and was arrested until my mother got his fine money up to him. I think he was in jail for 2 days. He was not going all that fast. He just got nailed by a speed trap town.

 

Ohio won't dismiss it, but they lower the points on your liscense. Had to do it when I was 17.