Road Law – March/April 2021
We get a lot of calls from drivers who have, unfortunately, made the bad decision to simply pay their traffic ticket before checking to see if their charge is a Federal Motor Carrier Safety Regulation violation or before calling an attorney to discuss their charge.
What usually happens is that a driver receives a payable traffic ticket with a low fine amount and simply decides to send the payment for the fine plus costs directly to the court without knowing what a conviction of their charge will do to them. Here’s a few of our most asked questions and our answers. As always, we hope this information helps you.
Q.) About a month ago, I got a ticket in Minnesota when a state trooper stopped me and said someone reported I hit a four-wheeler when I was coming out of a parking lot after my delivery. I told the trooper that I didn’t hit anyone and, after we both did a full inspection around the outside of my truck, neither of us found any damage. The trooper still gave me a ticket for striking an unattended vehicle, but he said that he lowered the fine on the ticket to the least amount possible as a favor to me. So, because the ticket was only $85, I just paid it online.
Yesterday, I got a letter from my home-state department of motor vehicles telling me that because I paid the Minnesota ticket for striking an unattended vehicle, my CDL was being disqualified for one year. Is this true?
Can my CDL really be disqualified for just paying an $85 ticket?
A.) Unfortunately, yes, your CDL can be disqualified for just paying a low-fine ticket, depending on what the actual charge was. Remember, when you get a ticket and you just pay it, you’re making an admission of guilt to the charge listed on your ticket. When you make an admission of guilt and your conviction is entered by the court, the court submits notice of your conviction to your home state where your conviction is placed on your driver record. In most cases, your home state also will be responsible for disqualifying your CDL/driver license for the period of time required by law for the conviction you received.
Q.) I was driving my truck in California and got a ticket for a driving under the influence, but the trooper didn’t arrest me and just let me go. When I looked up the California violation code listed on my ticket, i.e., VC 13 CCR § 1213 (1)(c), the violation said I could get a DUI if my “blood alcohol content is found to be 0.01% by weight, or greater.” Is that true?
I thought I had to blow at least 0.04 to get a DUI in my truck.
A.) You’re right. The minimum legal limit for DUI in a commercial vehicle is 0.04%. But read the California violation code listed on your ticket again. You did not receive a ticket for a DUI charge. You only received a ticket for “placing a driver out-of-service” for allegedly having a blood alcohol content of at least 0.01%. There is no mandatory driver license suspension or disqualification for either receiving or being convicted of this particular “out-of-service” charge. But it is certainly a violation you don’t want listed as a conviction on your permanent driver record. To try to avoid being convicted of this charge, you’ll need to set the matter for a trial and try to have the charge dismissed or amended to a lesser charge. 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.