Road Law – July 2023
Masking. You’ve probably heard the term, but why is it important to Class A drivers?
According to Title 49 CFR 384.226, courts can’t mask or fail to report traffic ticket convictions for Class A drivers. Simple enough – or is it?
Here are some questions from real callers to Road Law and our answers to them. As always, we hope this information helps you on a real-life basis.
Q. I was driving in heavy traffic and the state police stopped me and gave me a ticket for “following too close.” I told the police that the car in front of me slammed on its brakes. I also relayed that I had more than enough room to stop and didn’t even hit the car in front of me. The police gave me the ticket anyway. I called the court clerk and asked if I could take a traffic school class or get a deferral but, was told nothing could be done to help me because I’m Class A and allowing me to take traffic school or getting a deferral would be masking. Is that true?
A. Yes and no. First, it’s true that, because you’re a Class A driver, you’re not eligible for or allowed to take traffic school or have a deferral. That’s because both of these options usually require you to plead guilty to your ticket/charge and then, if you successfully complete your traffic school or deferral, the court dismisses your ticket/charge or simply doesn’t report your conviction to the state department of motor vehicles. If a court fails to report your conviction, that’s masking your conviction.
Second, yes, this court can help you and doing so would not be masking a conviction. As stated above, your particular ticket/charge was for following too close and is a serious Federal Motor Carrier Safety Regulations violation.
The court could agree to offer you a nonserious amended charge if the amended charge you’re requesting is factually based.
For example, the police gave you a ticket for allegedly driving your vehicle too close to the vehicle that was immediately in front of you. In other words, you, allegedly, failed to keep the proper number of white-painted, roadway hash marks between your vehicle and the vehicle immediately in front of you.
As the white-painted, roadway hash marks were placed there as traffic control devices to give all drivers a visual reference as to how far their particular vehicle is from the vehicle immediately in front of them, if you allegedly failed to keep enough of the white-painted, roadway hash marks between vehicles, you’ve disobeyed these traffic control devices. As the court has a factual basis to allow you to plead guilty to the nonserious, amended charge of “disobey a traffic control device” and reports your factually based, nonserious, amended charge conviction to the state DOT, there would be no masking issue here.
Q. I was driving in Georgia and got a ticket for “speeding 60/55.” My ticket isn’t fair because I had my cruise set and know I wasn’t speeding at all. When I got back home, I took my truck to the shop, and the mechanic told me that my speedometer was off by 6 mph. The mechanic recalibrated my speedometer and now my truck speed is accurate. Is there anything I can do to try to keep the ticket off my record?
A. Yes, you can take your paid-receipt back to your mechanic and ask him/her to sign the bottom of it in front of a notary. Then, provide a copy of your signed, notarized paid-receipt to the court and ask that you be allowed to enter your plea of guilty to the factually based, non-moving, amended charge of “defective equipment.” LL
Send any questions or comments regarding transportation law to: Jeff McConnell and James Mennella; Road Law, 3441 W. Memorial, Suite 4; Oklahoma City, OK 73134; call 405-242-2030; fax 888-588-8983; or contact them via RoadLaw.net.
This column is the opinion of the writer and does not necessarily reflect the opinions of Land Line Magazine or its publisher. Please remember everyone’s legal situation is different. Consult with an attorney for specific advice on your situation.