• Law Offices of Shaffer Cormell •
SOUTHWEST LEGAL
GOT TRAFFIC TICKETS?
Don’t Just Pay Them. Fight Them!
Fight a Traffic Ticket?
Why Fight a Traffic Ticket?
Why Fight a Traffic Ticket?
POINTS ACCUMULATION
In California, traffic offenses carry penalties of 1 or 2 license points per offense for Non-CDL and 1.5 or 3 points for CDL. in addition to fines and other penalties prescribed by law. For more serious offenses, 2 points for Non-CDL and 3 points for CDL will be added to the driving record.
You can be considered a “negligent driver” and your driver’s license can be suspended or revoked for accumulating the following point values on your driving record:
4 or more points in a 12-month period
6 or more in 24 months
8 or more in 36 months
Once you are issued a traffic ticket, you have two options: 1. pay the ticket or 2. contest the ticket. While paying the ticket may seem easier, especially because it doesn’t involve an attorney, paying the ticket is a major mistake. If you pay for the ticket, the penalty points will be added to your driving record.
A string of traffic violations can quickly add up and cost you more than just time and money they can cost you your driver’s license. Thankfully, we have the option to contest the ticket and get the case dismissed or get the points removed or reduced.
Violations - Non CDL
Traffic offenses resulting in 1 point being added to your driving record include:
Speeding
Unsafe Passing
Failure to stop for a school bus
Disobeying traffic signals or signs
Failure to yield the right of way to pedestrians
Violating child safety restraint requirements
Illegal U-turns
Red Light violations
Stop Sign violations
HOV double lane lines violations
Traffic offenses resulting in 2 points being added to your driving record include:
Driving with a suspended or revoked license
Hit-and-run collisions resulting in damage or injury
Driving at speeds in excess of 100 miles per hour
Evading law enforcement
Reckless driving
CDL DRIVERS
DIFFERENT VIOLATIONS & PENALTIES
CDL DRIVERS
CDL DRIVERS
CDL Drivers
As a commercial driver, you’re held to a higher standard than other motorists. What another driver might see as an annoying traffic ticket to be paid could be a real threat to your livelihood.
We represent professional drivers who have been ticketed or arrested for commercial driver’s license (CDL) violations such as speeding, reckless driving, and DUI.
Our team understands how much is at stake for CDL holders, and we fight to protect their interests as we seek to lessen their penalties or get their tickets or charges dismissed.
COMMERCIAL / CDL DRIVERS
How A Traffic Ticket Can Impact Your CDL?
In order to be a professional truck driver, an individual must obtain a Commercial Driver’s License (CDL). That’s why when an individual loses his or her CDL it will cause serious consequences. This is why it is so important to consult with a qualified traffic attorney, who can help you with these charges. A traffic ticket can jeopardize your CDL and your means of livelihood.
It may appear that one traffic ticket isn’t a big deal, but regardless of whether or not you drive professionally, each charge has the potential to greatly impact your personal life. For those who are professional drivers, the stakes are much higher.
OFF-DUTY TRAFFIC VIOLATIONS CAN IMPACT YOUR CDL!
Incurring off-duty citations can have a significant impact on one’s ability to earn an income as well as their CDL depending on their employer’s individual tolerance and policies. Some employers have mandatory probation periods or may have a zero-tolerance policy and may fire the driver immediately.
Those convicted twice for off-duty traffic violations within three years may incur serious penalties.
Such violations include:
• Following too closely
• Reckless driving
• Excessive speeding (more than15 mph over the limit)
• Any violation involving alcohol or drugs
• Erratic or improper lane changes
SUSPENDED CDLS IN CALIFORNIA
Your CDL may be suspended for a variety of reasons. It is likely that you will receive a one-year suspension for any of the following:
• Refusing to take a BAC test
• Negligently operating a commercial motor vehicle (CMV)
• Committing any felony with your CMV
• Driving under the influence
• Driving a commercial vehicle with a blood alcohol concentration of 0.04% or higher
• Leaving the scene of an accident involving your CMV
• Driving a commercial vehicle while your CDL is suspended or revoked
You can also face suspensions for up to three years if the offense committed occurs while operating a CMV carrying hazardous materials. If any felony was committed involving controlled substances, you could lose your CDL for life.
REINSTATING YOUR CALIFORNIA CDL
You may be able to apply for a CDL reinstatement in California, though the associated fees differ depending upon your specific charges. A qualified California traffic ticket attorney can help you to navigate through serious violations that have the potential to greatly impact your CDL and professional license.
Driver with CDL suspension on a highway
California State requires anyone driving a vehicle weighing over 26,001 pounds, excluding trailers, hauling trailers that weigh more than 10,000 pounds, vehicles accommodating 16 or more passengers, including buses, and any vehicle used to transport materials that are hazardous to first obtain a Commercial Driver’s License (CDL) if they are being used for commercial or business purposes. For truck and other professional drivers, a commercial driver’s license is a necessity; it allows them to make a living. Because of this, a professional driver must act quickly if their commercial driver’s license is at risk for suspension. If you have a CDL suspension, you will be unable to perform the main duties of your job, which can therefore also be at risk.
What Can Get My CDL Suspended?
There are various reasons why a professional driver may face fines, traffic charges, or even license suspension. These factors include:
Alcohol or drug-related offenses
Carrying cargo weighing more than the limit
Driving without insurance
Failure to stop at weigh stations
Habitual traffic violations
Logbook violations
Safety regulation violations
Speeding
Traffic violations while driving a personal vehicle
“SERIOUS TRAFFIC VIOLATIONS”
If a commercial driver has been convicted of two “serious traffic violations” on separate occasions, within a period of three years, while operating a commercial vehicle, he or she may lose their license for up to 60 days. Furthermore, if a commercial driver has been convicted of three serious traffic violations within a period of three years, that suspension will be increased to 120 days.
It is important to note that these license suspensions are applicable regardless of where the violations take place – inside or outside of California.
“Serious traffic violations” for commercial drivers include:
Driving a commercial vehicle without a CDL
Speeding by a minimum of 15 miles over the limit
Tailgating
Traffic violations involving fatalities
Unsafe lane changes
AGGRAVATED OFFENSES
A commercial driver can lose his or her license for a period of one year (or three years if transporting hazardous materials at the time) if they commit one of the following offenses:
Driving a commercial vehicle with a blood-alcohol level of .04% or higher
Using the vehicle to commit a felony
Leaving the scene of an accident
Refusing to blood alcohol testing
Operating a commercial vehicle with a CDL that is either suspended or revoked