There are some unfortunate myths that seem to be circulating the commercial trucking industry.
The most active and repeated is that receiving a ticket during a roadside inspection is better than just receiving a warning. This is not true. At all.
While a ticket is sometimes more beneficial than a warning given during a roadside inspection, it isn’t always helpful. It can, in fact, be the killing blow to a driver’s career instead of the lifeline they think it is. If a driver requests a ticket in the ‘wrong’ jurisdiction, it only exposes them to increased costs and driving record consequences. Hopefully I can provide some helpful information and context for drivers facing this situation.
This article provides general information, and each driver should always seek legal counsel in the appropriate state for specific information regarding their cases and questions. With that out of the way, let’s dive in…
CITATION
Synonymous with a ‘ticket’. These are sent to the state driving authority (DMV) and the outcome of tickets will appear on a commercial driver’s state license history.
In most parts of the U.S., a local attorney can assist in addressing tickets in a way that may save a commercial driver’s time and prevent their driving record from being negatively impacted. However, this is not a guarantee. Over the last several years, many prosecutors and judges are becoming more conservative in their interpretation of state and federal ‘anti-masking’ rules. These rules from USDOT limit deals and negotiations in cases involving a driver with a commercial license. What this means for drivers, unfortunately, is that obtaining dismissals and other net positive outcomes on traffic citations is getting harder.
Drivers should still obtain counsel immediately following the issuance of a citation but should also keep in mind that an attorney cannot guarantee a specific outcome in a case anymore. This factor is the main risk with the idea that a driver should always ‘ask for the ticket’ during a roadside inspection. If that ticket is in a jurisdiction with an unfriendly court, the driver has just guaranteed they’re getting a harsher monetary penalty and points on their license when they should not have.
WARNING
A ‘warning,’ on the other hand, differs significantly from tickets. In most states, a warning issued by law enforcement (verbal or written) doesn’t carry the weight of a ticket. By themselves, warnings don’t generate a report to any database, they require no follow-up and aren’t tracked by any government agency. They have no impact on driver history, enforcement options, or insurance rates. A dud, in other words.
So, if a warning is issued, the driver will not potentially owe money to the local government or have to attend a court hearing as they may with a citation.
ROADSIDE INSPECTION REPORT
Not more than 5 years ago, if a traffic ticket was issued along with an exam report, chances were good that a driver could get that ticket dismissed or amended to a non-moving violation. This usually (assuming a few other things line up right) leads to the federal inspection violation being removed from the record after a DataQ challenge per DOT rule. Now, those chances are… less good. Primarily due to the anti-masking push noted above. So, asking for a ticket is often just a way to get a driver to pay more money on a violation and have a negative mark on their state driving record that would not be there if they’d just been given a warning.
“The message I’d really want to leave you with is to make sure you fully understand how tickets and exam reports work, what your options are within the FMCSA program rules, and don’t believe it anytime someone tells you that you should always ask for a ticket or some other blanket recommendation in this area. It’s likely not true, and following that advice can cost you money and time on the road.”
To read the full article click here.
Watch the LEGALSHIELD CDL PLAN INFORMATIONAL VIDEO
As noted, for the best outcome, drivers should always obtain counsel following the issuance of a citation. With the LegalShield CDL Plan, your drivers can connect with an attorney right from the App on their phone.
Article written by ZAC HARGIS, Managing Attorney Counsel for LegalShield Commercial Drivers Plan
For more Information on coverage and how to make this benefit available for your drivers, contact:
LESLIE UDY | LegalShield / IDShield
Executive Director | Group Benefits / Identity Theft Risk Specialist
PHONE (801) 830-3629
EMAIL leslieudy.legalshield@gmail.com
