Bad Speeding Ticket In CMV

Topic 33238 | Page 1

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Kevin L.'s Comment
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I’m 9 months solo just got a speeding ticket in Kansas a small town 48 in a 30 it was on a downhill. Pretty sure I’m going to get fired. I am going to hire a lawyer but from everything I hear it won’t do any good in Kansas if you have a CDL. My question is are there companies that will hire me I know I will need to tough it out for 3 years until it falls off my record

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.
BK's Comment
member avatar

Kevin, I recently got a 15 over citation, also In a small Kansas town. I posted about my experience in my threads and you can go back and look at that post. I got a ton of great advice from other drivers about this very issue, much of it would be pertinent to you.

So mine was a 15 mph over citation and I was in danger of getting fired. I hired a lawyer and in the end got my ticket reduced to 14 mph over and was able to keep my job. Don’t give up hope, you may still be able to get a reduction in the charge and keep your job, depending on your company policy.

My experience cost me $900 in attorney fees and a $261 fine. Plus a lot of distress, embarrassment and palm slapping of my forehead.

I hired a local attorney who personally knew the prosecutor for the city. These cases are cash cows for the attorneys, so prepare to bear the cost. My attorney and the prosecutor probably had a cup of coffee together and settled the issue in 15 minutes, but when they have you in a corner, there will be pain.

BTW, where in Kansas did you receive the ticket?

Kevin L.'s Comment
member avatar

Clark county is where I got the ticket. courthouse I have to appear in is in Ashland,ks Thank you for your reply I have a little hope again.

Kevin, I recently got a 15 over citation, also In a small Kansas town. I posted about my experience in my threads and you can go back and look at that post. I got a ton of great advice from other drivers about this very issue, much of it would be pertinent to you.

So mine was a 15 mph over citation and I was in danger of getting fired. I hired a lawyer and in the end got my ticket reduced to 14 mph over and was able to keep my job. Don’t give up hope, you may still be able to get a reduction in the charge and keep your job, depending on your company policy.

My experience cost me $900 in attorney fees and a $261 fine. Plus a lot of distress, embarrassment and palm slapping of my forehead.

I hired a local attorney who personally knew the prosecutor for the city. These cases are cash cows for the attorneys, so prepare to bear the cost. My attorney and the prosecutor probably had a cup of coffee together and settled the issue in 15 minutes, but when they have you in a corner, there will be pain.

BTW, where in Kansas did you receive the ticket?

Old School's Comment
member avatar

Here's a link to BK's speeding ticket conversation. Check it out.

15 Over!

Banks's Comment
member avatar
I hired a local attorney who personally knew the prosecutor for the city. These cases are cash cows for the attorneys, so prepare to bear the cost. My attorney and the prosecutor probably had a cup of coffee together and settled the issue in 15 minutes, but when they have you in a corner, there will be pain.

That's been my experience. I've always hired local attorneys that specialize in traffic violations. Then I look at they're reviews and I'll move from there.

It puts me at ease when they ask where the violation took place and I tell them and they say "oh, that's judge (insert name), we have a good relationship". Then they'll ask who issued the ticket and I'll tell them and sometimes it's the same response as to who the judge is and other times it's "oooooh....hmmmm". Thats the worst feeling ever.

Rob T.'s Comment
member avatar

Kevin did you already notify your employer of the ticket? Currently, you've only been accused and not found guilty of the violation so you have some time to figure things out. If you haven't already go to www.avvo.com and find lawyers in the general area the violation allegedly occurred. Most will offer a free consult. I received a ticket a few years ago that would've had a significant impact on my career that my lawyer was able to get dismissed. For my situation in Iowa she quoted me $600 attorney fee. The citation would've only been half that but when you factor in potentially losing your job, insurance hikes, and losing out of your dream job its money well spent. I did an in-person consult since I was local to the office and they handled everything else. I was told the only time I'd need to appear in person was if there was a trial.

Judges and prosecutors aren't trying to take drivers that are overall safe drivers off the road. If your record is relatively clean you have a better chance at getting it knocked down or dismissed. Anti-masking laws make it more difficult to get knocked down to a non-moving violation. Has your employer told you how your employment would be affected if it doesn't get dismissed or knocked down? We all make mistakes. As long as it isn't a constant I'm confident things will work out in your favor. In my case, the $600 i was quoted to represent me is a constant reminder to be more vigilant.

BK's Comment
member avatar

Thanks, Old School, for posting that link. I hope the info helps Kevin with his case.

Rob said a couple of things that caught my attention. One was that prosecutors and judges are not trying to get safe drivers off the road. I believe that this was true in my case. I had a clean record and my 15 over was a clear anomaly. Supposedly, my attorney used that argument along with the plea to not let me lose my job and my livelihood for an isolated mistake. So, don’t hesitate to appeal to the prosecutor on that basis. Hopefully he or she will have some empathy for you and what a devastating impact getting fired would have on you.

Also, Rob said the $600 he had to spend was a constant reminder of the need to be vigilant. Well, Rob, mine cost me $1,161, so I certainly have experienced that effect. Looking at the bright side of the overall situation.

RealDiehl's Comment
member avatar

Kansas isn't the greatest place to drive through if you need to take state routes for long distances. There are little towns along the way about ten miles apart for which you must constantly slow down.

I remember this from having to do meat loads to or from certain customers in Kansas. You really have to pay close attention to the varying speed limits. You could blink and suddenly find yourself in a 25mph zone.

Ryan B.'s Comment
member avatar

Kansas isn't the greatest place to drive through if you need to take state routes for long distances. There are little towns along the way about ten miles apart for which you must constantly slow down.

I remember this from having to do meat loads to or from certain customers in Kansas. You really have to pay close attention to the varying speed limits. You could blink and suddenly find yourself in a 25mph zone.

Whenever I am going to and from the upper Midwest and NM/AZ, I typically take US-54. I do recall that going through KS, those speed limit changes can be abrupt. In most places, it's a step down in increments. I am fairly certain that there are places in KS that go from 55 down to 35/25 with little warning. Not wanting to get into a political debate, but kind of has me feeling like there is intentionality here.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
BK's Comment
member avatar

One thing Kevin said is that his ticket came from a downhill overspeed.

Downhill over-speeds are a subject all to themselves. It’s so tempting to free wheel down a hill. The old “dragonfly” thing : drag the load up the hill, fly down the other side. I had to laugh when I first heard the term.

Easy to get caught doing this. We never know when a trooper is hiding looking for easy citations to give to a trucker freewheeling at 80 mph down a hill posted at 65 or 70.

Just thought this issue might merit some discussion.

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