Navigating the Fine Line: Dismissing a Stop Sign Ticket with a Commercial Driver's License
Are you a commercial driver with a CDL who has received a ticket for failing to come to a complete stop at a stop sign in your personal vehicle? Here's what you need to know to potentially have the ticket dismissed or mitigated.
The Importance of a Full Stop
When a commercial driver receives a ticket for not coming to a complete stop at a stop sign, the process to dismiss the ticket can be challenging. The secondary requirement for a complete stop is not just stopping briefly but a full and complete halt. If you were driving and the officer observed anything less than a complete stop, you would likely be cited.
If you have evidence that you did indeed come to a complete stop, such as a dashcam video with clear speed readings, you might present a strong case. However, simply claiming that you stopped would be insufficient. In many cases, the officer's observation of a rolling stop leads to a citation. A full stop should be measured as coming to a complete stop at 0 mph and then counting to 3 while scanning the intersection before resuming.
Complacency and Potential Dismissal
Considering the fact that tickets for commercial drivers are often closely monitored, dismissals can still be a viable option, especially if you have a clean driving record. According to one long-time trucker who has maintained a clean MVR for the last 40 years, a ticket for a parking violation from California stands out as an unusual occurrence. Although dismissing a stop sign ticket may be difficult, it is not impossible. If you are a commercial driver with a clean driving record, there is a chance that the citation could be turned into a deferred judgment or probation before judgment, where you pay the fine but the conviction does not appear on your record.
Seeking Professional Help
For a professional in the trucking industry, especially one with a clean MVR, hiring a traffic attorney can be highly beneficial. An experienced traffic attorney can negotiate with the prosecutor on your behalf, often reaching a deal that keeps your record clean. In some cases, a dismissal is possible. The attorney works closely with the prosecutor, sometimes multiple times a week, and can usually find a deal that satisfies both parties.
A personal experience shared by someone who has been a truck driver for 8 years and maintains a clean MVR since 1990 demonstrates the possibility of a successful outcome. Their attorney managed to turn a 14-over speeding ticket into a two-hundred-dollar littering charge, with the speeding ticket dropped completely once the fine was paid.
Exploring Early Resolution
Another strategy to consider is approaching the city attorney and the officer involved at the court appearance. Requesting a deferred sentence can be a strategic move. This involves pleading guilty but agreeing to serve the sentence at a later date, typically a year. If there are no further offenses during this period, the ticket can be dismissed. Many officers are willing to consider such agreements, especially with a CDL holder, as it allows them to maintain professional conduct and safety standards within the industry.
In summary, navigating the fine line of a stop sign ticket with a CDL requires a comprehensive plan involving evidence, professional help, and proactive strategies. Whether through early resolution with the court or hiring the right traffic attorney, the goal is to maintain a clean record and ensure compliance with traffic laws while avoiding a damaging conviction on your MVR.