Deferred Adjudication Question

Topic 25517 | Page 1

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Andy D.'s Comment
member avatar

A little over a year ago I was pulled over in Harrison, AR for speeding. I was issued a ticket but was told about a "first time offenders program" so I bit.

Late last year I was in the process of applying to Jim Palmer/Wil Trans and was denied due to the fact I disclosed the ticket but could not tell them if it was 15 over or not and could not provide any documentation that it ever occurred since the police dept didn't show anything in the system.

My question is this....I feel weird not disclosing the ticket but don't want to be disqualified if it shows up afterwards. I also feel weird disclosing it and not being able to provide any info on it either.

Any info anyone can provide on this would be greatly appreciated.

Andy D.'s Comment
member avatar

And just to clarify, I have no idea if it was just over 15 or just under. I don't think it was, but without the ability to find out or provide proof, it puts me at a bit of a disadvantage.

PackRat's Comment
member avatar

So, how about some more details? Mainly, what is this “first time offender program “?

Cwc's Comment
member avatar

I might be tempted to go to the DMV and get a personal driving record just to see what it says. It sounds like you might not have the details. The driving record might shed some light.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DMV:

Department of Motor Vehicles, Bureau of Motor Vehicles

The state agency that handles everything related to your driver's licences, including testing, issuance, transfers, and revocation.

Andy D.'s Comment
member avatar

Deferred adjudication on the ticket is what happened. Basically you get pulled over, ticket, pay a little extra to keep it off your record, and as long as you don’t get pulled over for 6 months it is stricken from the record.

If you do speed within the 6 months then you get a double whammy with both citations hitting your record.

So, how about some more details? Mainly, what is this “first time offender program “?

Tractor Man's Comment
member avatar

We have the same type of thing in Arizona. If you get a moving violation, you can opt to go to a Defensive Driving Class or some such thing. You pay for the class, usually a bit less than the fine itself. Give up a Saturday, and the ticket is dismissed. Not reported to insurance. Like you never got it. This option is only good if you have not had any violations in the past 3 or maybe 5 years. It is pretty much a "get out of jail free card".

Rick S.'s Comment
member avatar

I always have a LAWYER deal with my tickets. Saves me the hassle of showing up in court multiple times to try and deal with getting a dismissal or have adjudication withheld.

In Florida - it is at the judges discretion whether or not to have a CONVICTION (if it doesn't get dismissed outright, for things like - the cop not showing at trial, or another technicality).

Now - with a CDL - most states will NOT ALLOW a driving school to make the points go away - but it is still at the judges option to not convict.

Weird how to deal with it, when it comes to putting things on an application. Many states have "diversion programs" for DUI's, where they don't show as convictions. But if you GOT ARRESTED, then you got FINGERPRINTED - and it will show up in a background (because the FBI gets all your fingerprints).

Most companies ask for CONVICTIONS - so if you weren't CONVICTED - you can honestly answer NO.

But while we don't think to keep our old paperwork, feeling like "it's over and we won't need it", it's a good idea to keep EVERYTHING. I scan stuff to multiple cloud accounts. In fact I EMPTIED my file cabinet and put everything in the cloud (divorces, bankruptcies, all of it).

I had an instance where I was trying to get a FAST card. I had a 30+ year old drug arrest, where it was dismissed and sealed after completion of probation. Not a conviction. I've held FFL's, carry permits, HazMat & TWIC with it never coming up. Go to my FAST interview and USCBP (customs border patrol), wanted to see the PAPERWORK for a 30 year old incident. Needless to say - I don't have a FAST Card (and I'm not going in front of a judge to unseal my record, just to get one).

1 - ALWAYS LET A LAWYER HANDLE YOUR TICKETS - the $100-? is usually $$ well spent. 2 - ALWAYS KEEP COPIES OF COURT PAPERS - scan em (or take pics with your phone, or whatever), and put them in a google drive, icloud, onedrive whatever. In fact - for the most part - it's easier to email someone a document, than it is to carry a whole file folder of papers that could get lost. 3 - GET AN MVR from your DMV to see what shows up. Get one from EVERY STATE you were ever licensed in.

Rick

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

HAZMAT:

Hazardous Materials

Explosive, flammable, poisonous or otherwise potentially dangerous cargo. Large amounts of especially hazardous cargo are required to be placarded under HAZMAT regulations

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DMV:

Department of Motor Vehicles, Bureau of Motor Vehicles

The state agency that handles everything related to your driver's licences, including testing, issuance, transfers, and revocation.

MVR:

Motor Vehicle Record

An MVR is a report of your driving history, as reported from your state Department of Motor Vehicles. Information on this report may include Drivers License information, point history, violations, convictions, and license status on your driving record.

TWIC:

Transportation Worker Identification Credential

Truck drivers who regularly pick up from or deliver to the shipping ports will often be required to carry a TWIC card.

Your TWIC is a tamper-resistant biometric card which acts as both your identification in secure areas, as well as an indicator of you having passed the necessary security clearance. TWIC cards are valid for five years. The issuance of TWIC cards is overseen by the Transportation Security Administration and the Department of Homeland Security.

DUI:

Driving Under the Influence

OWI:

Operating While Intoxicated

Andy D.'s Comment
member avatar

We have the same type of thing in Arizona. If you get a moving violation, you can opt to go to a Defensive Driving Class or some such thing. You pay for the class, usually a bit less than the fine itself. Give up a Saturday, and the ticket is dismissed. Not reported to insurance. Like you never got it. This option is only good if you have not had any violations in the past 3 or maybe 5 years. It is pretty much a "get out of jail free card".

That's my big issue here. I pulled an insurance 5 year MVR and there is nothing on there. When I explain the situation it make it seem like its a much bigger problem than it really is I suppose.

I would like to just not discuss it due to there being no record of it. I have heard of more detailed MVRs that carriers can pull that show more though. just want to be honest of course.

MVR:

Motor Vehicle Record

An MVR is a report of your driving history, as reported from your state Department of Motor Vehicles. Information on this report may include Drivers License information, point history, violations, convictions, and license status on your driving record.

Andy D.'s Comment
member avatar

I have been declined by Wil Trans/Jim Palmer and Maverick since they have rules about 15 or over the limit. The fact I can prove it one way or the other kinda disqualifies me I suppose.

For the record, I understand the stance on it. Just frustrated that I seem to be stuck.

Andy D.'s Comment
member avatar

Can't prove it. sorry

I have been declined by Wil Trans/Jim Palmer and Maverick since they have rules about 15 or over the limit. The fact I can prove it one way or the other kinda disqualifies me I suppose.

For the record, I understand the stance on it. Just frustrated that I seem to be stuck.

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