Road Law – May 2023
With many callers and clients, we often discuss their driving history and why it matters. Whether it is employment history, motor vehicle record, criminal history, etc., the bottom line is that your history makes a difference in how you may be treated as a potential employee, by an officer at a roadside inspection, or as a defendant in a court or administrative proceeding. We hope the following discussion will be helpful to you.
Q. I was involved in a minor accident with another vehicle, but I didn’t receive a traffic ticket. My record is showing that I was involved in a “preventable” accident, and I want to know if I can get it removed.
A. The first question is what record are we talking about? Generally, when an accident occurs and the police are called out, there will be an accident report that gets filed. This information can appear on a motor vehicle record regardless of fault, and it is nothing more than a historical record that an accident occurred.
The words “preventable” or “unpreventable” are most often synonymous with a determination made by an employer or safety department that is part of an employment file and also may be reported to a third-party company that will retain this information for employers.
Where the information is coming from will dictate how you would proceed in trying to address the issue. If the issue is company-related and not with a third-party reporting system, you would need to address the determination with your company. The first thing you would want to check is the employee handbook or any other documentation you might have received during the training process that addresses the process or procedure, if one exists, to discuss the determination of whether your accident was preventable or unpreventable.
If the information is being reported from a third party and the information is not factually correct or if you want to add your own narrative of what happened, then there is an avenue to rebut what is being reported. There really is not a good reason to respond or rebut the information if it is factually correct.
Q. When I went to court on my traffic ticket, the prosecutor had a copy of my driving record and refused to amend my charge because I had prior violations in the last three years. Don’t violations fall off after some point in time?
A. It is not uncommon for a prosecutor or judge to inquire about your driving record, and, in most instances, there may be a policy where better records receive better treatment. A clean record is always favorable for negotiating relief versus trying to argue you are not a habitual offender of traffic laws.
It is also a misnomer that violations fall off after a certain point in time. What that really means is at some point in time violations are no longer relevant for suspension/revocation, insurance or employment purposes, but much of that historical information is still available if requested. Depending on state law, record information may only be retained for a certain period of time, so you may be able to get a lifetime record in one state, but only seven years in another state. 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 Road Law via their website at 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.