Getting Hired With A Ticket And Misdemeanor

The ticket is 11 months old (about to be one year in a couple weeks) and the misdemeanor is 8 months

It's also the fact that both of these happened within the past year. That's a big red flag. People normally don't change their behaviors like flipping a switch. Companies will maybe look the other way over one minor recent discretion, but a misdemeanor for obstructing justice and a reckless driving ticket within the past year when you're looking for a safety-related job where innocent families are at the mercy of your decision making is a lot to ask.

All you can do is apply like crazy everywhere imaginable and keep your fingers crossed. It only takes one company to give you an opportunity, but you're going to hear "no" an awful lot in the process.

Trucking is not a 2nd chance type of industry where people get the opportunity to start over and live their lives better. The industry likes to see a solid employment, driving, and criminal history for the past several years.

Hey Brett, guessing you put that "Editors note" there. Just wanted to clarify the laws vary by state. Nobody should be doing 15 over, but in Illinois, from what I'm reading 15 miles an hour over in Illinois is not considered reckless driving.

So in some states yes it is. In others no it's not.

Hey Brett, guessing you put that "Editors note" there. Just wanted to clarify the laws vary by state. Nobody should be doing 15 over, but in Illinois, from what I'm reading 15 miles an hour over in Illinois is not considered reckless driving.

So in some states yes it is. In others no it's not.

What we care about is the effect it has on your trucking career, and every company will consider that reckless driving. That doesn't mean no one will hire you, but it means you won't get hired by most companies. So I'm not too concerned with what the states consider it.

I have seen this comment several times about 15 mph over being reckless driving. Specifically, Bird One's comment that "laws vary by state."

This is how I understand the issue and Rick, Brett or others can correct me if I'm wrong.

It involves the relation between state traffic laws and the FMCSA regulations regarding "serious traffic offenses" and "disqualifying offenses." Even if state law does not define speeding in excess of 15 mph over the limit as reckless driving, the FMCSA regulations consider it a "serious traffic offense" in the same category as reckless driving. So for all practical purposes, it's reckless driving. So is making erratic lane changes and following too closely, which are both rather subjective tickets for LEO to issue. I saw a tanker truck make a quick lane change the other day. A LEO having a bad day could have easily pulled him over and ticketed him for an erratic lane change.

FMCSA Disqualifying Offenses

Note that the FMCSA regulations don't affect your state issued CDL license. Two tickets for speeding more than 15 mph over the limit does not result in a suspension of your CDL license. Rather the regulations state:

An employer must not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a CMV.

Two tickets for more than 15 mph over the limit in three years requires a 60-day suspension by the employer.

Jrod has posted the following link several time regarding minimum qualifications for drivers which tracks the "serious offenses" and "disqualifying offenses" under the FMCSA regulations.

Jrod Minimum Hiring Qualifications

Thus, a trucking company's concern is not how the offense is treated under state law. Rather, their concern is the FMCSA regulations that require suspension of their driver's qualification to drive a truck and therefore, is an indicator of poor driving.

Also of note are the disqualifying offenses related to railroad crossings, which require a 60-day suspension on the first offense. And as one experienced driver learned recently, unfortunate timing in approaching a railroad crossing can result in a railroad crossing related traffic ticket.

Nice Hat Rob D!

So for all practical purposes, it's reckless driving. So is making erratic lane changes and following too closely, which are both rather subjective tickets for LEO to issue. I saw a tanker truck make a quick lane change the other day. A LEO having a bad day could have easily pulled him over and ticketed him for an erratic lane change.

it seems there are many laws that leave it up to the officers discretion but I agree, regardless of what the law says going 15 mph over IS reckless.

Also of note are the disqualifying offenses related to railroad crossings, which require a 60-day suspension on the first offense. And as one experienced driver learned recently, unfortunate timing in approaching a railroad crossing can result in a railroad crossing related traffic ticket.

railroad crossing violations are a HUGE deal, rightfully so. Even if you fail to slow down while approaching if you're not required to stop can result in a 60 day MINIMUM CDL suspension. I seen a story a couple days about a truck they believe was trying to beat a train and caused a 15 railcar derailment in Colorado. Fortunately our legal system gives you the opportunity to fight charges. With any conviction that results in a CDL suspension I would believe it is very difficult to get hired anywhere for a couple years after reinstatement.