Speeding Ticket In POV (update)
Topic 31559 | Page 1
Hopefully Rob D will chime in. But I’d suggest seeking a second opinion. Could be that attorney just didn’t want the work. This is a serious ticket. I would think at the minimum you should be able to get it reduced.
Got a speeding ticket for 81 in a 65 I was advised by alot of you to hire an attorney. I just spoke to an attorney who said theres nothing he can do because of masking laws (which i though was for driving school or a defferal)! What do i do now? Just pay the ticket or should i speak to another attorney? Thanks
Hopefully Rob D will chime in. But I’d suggest seeking a second opinion. Could be that attorney just didn’t want the work. This is a serious ticket. I would think at the minimum you should be able to get it reduced.
DEFINITELY AGREE, Ron J. !!
Masking laws, wtf does THAT have to do with the price of Tea in China ?!?!?!
Yep, hopefully THAT was for a free consult. I would DEFINITELY seek a 2nd opinion; even if you have to call one of the CDLA specialist lawyers, to protect yours. I'd sell Christmas if my hubby/driver got one like that!!!
Just my .02 ..... fwiw!
~ Anne ~
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.
One other possibility is getting in touch with the prosecuting authority. I have a friend who got a ticket for speeding 11 over from the state police. He went to the district attorney for the county before the court date. He didn’t get off Scott free, but the speed was reduced to a lesser number and a lesser fine. I don’t know if this would work for you, but I do know law enforcement prefers to settle instead of the hassle of a court procedure.
Got a speeding ticket for 81 in a 65 I was advised by alot of you to hire an attorney. I just spoke to an attorney who said theres nothing he can do because of masking laws (which i though was for driving school or a defferal)! What do i do now? Just pay the ticket or should i speak to another attorney? Thanks
Ron;
ps: Unless, of course, you live in Providence ... you could try and get your case / ticket heard in front of THIS Judge:
~ Anne ~
The masking laws means that for cdl holders, they cant bury or scrub, reduce offenses off your record. Id highly recommend talking to attorneys til you get one that can do something, or will do something. There are always technical issues with tickets. 81 in a 65 is substantial. If you can get that down to below 15 under you would be in better shape. Better yet still is if there are technical issues on the ticket or with the citing, as there often are. I would be trying to do everything I could to get it down.
It is possible, I had an *Alleged* 130 mph plus in a 60. It ended up getting pled down to 15 over. a couple years before I got my CDL and even that haunted me, I had many employers pass me up because of the tickets. I know the struggle well.
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.
Eh 1 of my co drivers that hit a parked truck, inside a small Pilot in Jersey, got 1 those trucking attorneys from some guy at another pilot. Since he wasn't subscribed to them he did that, and they sent a lawyer to get it reduced from , I forget now what it was he got cited for (was 2 points) to "obstructing traffic", no points, for a $300 or $400 fee. And within 19 days he was back driving @ CRST
HOS:
Hours Of Service
HOS refers to the logbook hours of service regulations.
Ron J.
I had tried to post a comment on this thread, but for some reason it didn’t go through and I have been very busy running lately.
I would recommend that you contact another attorney. Given the gravity of the over 15 mph ticket, you may even want an attorney who is willing to try the case before a judge and attempt to get a verdict in your favor on technical grounds. Each jurisdiction is different so ask the attorney about the procedure to set a speeding ticket for trial in the jurisdiction where you got the ticket.
If you can't find an attorney to try the case to the judge, you may want to set the case for trial yourself. Maybe the police officer won't show up. In fact, you may prefer to set the case for trial yourself. If you hire an attorney to try the case, the prosecutor may be more prepared. If you do set the case for trial yourself, I can give you some tips on how to challenge the case on technical grounds.
One clarification regarding a ticket 15 mph or more over the limit. The FMCSA regulations include a list of “serious traffic violations” that require a 60 day disqualification. Reckless driving and a speeding ticket 15 mph or more over are SEPARATE items on the list. It is irrelevant whether the state or local jurisdiction considers excessive speed at “reckless driving.” If you have a conviction for speeding 15 mph or more over the limit, the FMCSA regulations apply.
See the link below:
https://csa.fmcsa.dot.gov/safetyplanner/MyFiles/SubSections.aspx?ch=23&sec=67&sub=158
With regard to the anti-masking provisions, some jurisdictions are more strict than others. In addition, as I understand from others who have posted on this forum, sometimes drivers would please to a reduced charge with the local jurisdiction, but then the state DMV would report the original charge on your motor vehicle record. This has to do with sometimes the local jurisdictions don’t understand the anti-masking provisions of the FMCSA regulations, but the state DMV does.
Good luck and let us know how it turns out.
CSA:
Compliance, Safety, Accountability (CSA)
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
FMCSA:
Federal Motor Carrier Safety Administration
The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.
What Does The FMCSA Do?
- Commercial Drivers' Licenses
- Data and Analysis
- Regulatory Compliance and Enforcement
- Research and Technology
- Safety Assistance
- Support and Information Sharing
DOT:
Department Of Transportation
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
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.Fm:
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.
Motor Vehicle Record:
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.
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Got a speeding ticket for 81 in a 65 I was advised by alot of you to hire an attorney. I just spoke to an attorney who said theres nothing he can do because of masking laws (which i though was for driving school or a defferal)! What do i do now? Just pay the ticket or should i speak to another attorney? Thanks