20 Jun 20 Tips: How to Get a Speeding Ticket Dismissed with a CDL in New York?
20 Tips: How to Get a Speeding Ticket Dismissed with a CDL in New York?
Commercial drivers depend on keeping their CDL to earn a living and keep their jobs and speeding tickets, as outlined over at ny-defense.com, put one’s CDL and job at risk. This article will look to take a look at speeding tickets for CDL holders in New York and how to get one dismissed.
When is a CDL required in New York?
As discussed at ny-defense.com, a CDL is needed in New York to operate a vehicle with a gross weight of more than 26,000 pounds, a vehicle designed to transport 15 or more passengers, a bus, and vehicles used to transport hazardous materials.
When is a CDL not necessary?
A CDL is only necessary when the types of vehicles described in the previous point are used for a commercial or business purpose, and not a personal purpose. For Example, a CDL is not required to drive a big U-Haul truck loaded with one’s personal belongings.
Consequences of speeding tickets for CDL holders
Commercial drivers risk losing their license for 60 days if they are convicted of two “serious traffic violations” within 3 years while operating a commercial vehicle. This includes any ticket for speeding miles or more over the limit.
The violations must be the result of two separate incidents
As pointed out by ny-defense.com, it is important to note that the convictions must be the result of two separate incidents. If the two violations happen at the same time, the 60-day suspension will, therefore, not be applied. For example, if a CDL holder is pulled over and the officer issues a ticket for speeding and another for an unsafe lane change, this single traffic stop will only be counted as one serious traffic violation.
Instances where a longer suspension may be issued
It is also worth noting that if a commercial driver is convicted of 3 serious traffic violations during 3 years, then the suspension will be increased to 120 days.
These penalties apply across state lines
These penalties apply to CD: violations inside and outside of the state of New York. Commercial driving frequently involves crossing state lines, and CDL holders are required to notify the New York DMV within 30 days of receiving an out-of-state violation as outlined at ny-defense.com.
Serious traffic violations
CDL holders are held to a stricter standard than drivers with regular licenses, which means that offenses that are usually considered run-of-the-mill traffic tickets for regular drivers are classified as “serious traffic violations” for commercial drivers. They include:
Speeding 15+ mph over the limit
Unsafe lane changes
Traffic violations involving a fatal traffic accident
Driving a commercial vehicle without a CDL
Other consequences for speeding tickets for CDL holders
Other than suspension, CDL holders also risk getting fined for a speeding ticket conviction. According to ny-defense.com, the monetary fines for a CDL speeding ticket are often enhanced because of the stricter regulations that apply to commercial drivers. Another consequence of being convicted for a speeding ticket is getting points on your license.
Special rules apply to commercial truck drivers in New York
The Federal Motor Carrier Safety Act sets standards for commercial vehicle operators in New York and throughout the nation. These rules even apply when the commercial driver is off duty and driving their own personal vehicle.
Where are truck tickets answerable to in New York?
In New York, most truck tickets are answerable in criminal court. However, it is worth noting that some are returnable at the dreaded Traffic Violations Bureau (TVB). Either way, the top-rated ny-defense.com can appear for you and fight your New York truck speeding ticket.
Can I fight CDL speeding tickets in New York?
Yes, you can contest a CDL speeding ticket in New York. Given the consequences that come with pleading guilty to a speeding ticket as a CDL holder, including putting your livelihood at risk, then it is always recommended that you fight your CDL speeding ticket.
Can I get a CDL speeding ticket dismissed?
Yes, it is possible to get a CDL speeding ticket dismissed, depending on the nature of your case. You can get a speeding charge dropped if you can successfully contest the ticket or if you work out a plea resolution that protects the CDL.
Don’t ignore your speeding ticket
From discussions on the same over at ny-defense.com, if you fail to answer a CDL speeding ticket, the court will render a default judgment against the company or individual to whom the ticket was issued. The default judgment fine often far exceeds the fine that would likely have been imposed had the case been timely answered.
Speeding tickets heard at the TVB
When you plead guilty to a New York City speeding ticket at the Traffic Violations Bureau, you or your attorney will be scheduled with a hearing date. On that date, when you or your attorney either win to lose your case, there is no room for settling it for something less serious.
Speeding tickets outside NYC
New York CDL speeding tickets given outside New York City and Rochester are resolved in local traffic courts. Fortunately, in these courts, they do plea bargain NY speeding tickets, and your attorney can negotiate your case down to a less serious ticket, or even a non-truck ticket, if a dismissal isn’t possible.
Factors affecting your ability to negotiate a plea
You or your New York truck ticket lawyer’s ability to negotiate a NY CDL speeding ticket down depends on whether you have a prior NY or NYC truck ticket on your record and a few other variables captured at ny-defense.com.
Why hire a New York truck ticket lawyer for your speeding ticket
It can save you money
A speeding ticket can affect your CDL, MVR, and CSA score, not to mention your future and career. The cost of potentially damaging these is much higher than the cost of a lawyer representing you, and you shouldn’t take any chances, hence why you should always hire an attorney for your CDL speeding ticket in New York.
You can avoid serious consequences
Just one moving violation or serious CDL ticket like speeding classifies you as not having a clean record and stays on your MVR (Motor Vehicle Record) for three years. All it takes is one more serious conviction to cause your license to be suspended for 60 days, with no driving and no income. Hiring an attorney like ny-defense.com helps you fight back and avoid such consequences.
Attorneys know trucking law
If you are going to take it to court, give yourself the best odds of winning, either by getting a dismissal or a lesser charge, by hiring a New York truck ticket lawyer. Such lawyers know the law, common defenses for speeding tickets, as well as the effects of jurisdiction violations on your CDL.
Your attorney will oversee every detail
Finally, a New York truck ticket lawyer will save you time and appear in court on your behalf, making the whole experience as easy as possible. They also know how to fight NYS and NYC CDL speeding tickets and will give you the best possible chance of a dismissal or positive outcome.
Whether or not you can get a CDL speeding ticket dismissed in New York will depend on your case, but one thing is for sure, by hiring a top-rated New York truck ticket lawyer like ny-defense.com, you will give yourself the best possible chance of getting a dismissal.