Warnings, Citations, and The Cost of Being Wrong

As I pointed out last week, I recently came across some comments in a TikTok video that parroted some unfortunate myths that still seem to be circulating the commercial trucking industry. Since this article would have to be dozens of pages long to address them all appropriately, i'll leave most of those inaccuracies for a later date. The main one I think is probably the most active and repeated is that receiving a ticket during a roadside inspection is better than just receiving a warning.

This is not true. At all.

While a ticket is sometimes more beneficial than a warning given during a roadside inspection, it isn't always helpful. It can, in fact, be the killing blow to a driver's career instead of the lifeline they think it is. If a driver requests a ticket in the 'wrong' jurisdiction, it only exposes them to increased costs and driving record consequences. I know I won't be able to settle this debate once and for all in this space, but hopefully can provide some helpful information and context for drivers facing this situation. As always, this article provides general information, and each driver should always seek legal counsel in the appropriate state for specific information regarding their cases and questions. With that out of the way, let's dive in:

Navigating the intricacies of traffic stops and the consequences for commercial drivers involves a nuanced understanding of warnings, citations, and their implications following a roadside inspection. It's crucial for drivers to comprehend the distinctions, especially when operating commercial vehicles under the purview of the Federal Motor Carrier Safety Administration (FMCSA).

Citations

In common parlance, a 'citation' is synonymous with a 'ticket.' It represents a formal notice of a traffic violation given by a government law enforcement agent. Tickets will typically require a driver to issue a payment, schedule a court appearance, or some form of additional action with the local government agency that issued it. These are sent to the state driving authority (DMV) and the outcome of tickets will appear on a commercial driver’s state license history.

In most parts of the U.S., a local attorney can assist in addressing tickets in a way that may save a commercial driver’s time and prevent their driving record from being negatively impacted. However, this is not a guarantee. Over the last several years, many prosecutors and judges are becoming more conservative and stringent in their interpretation of state and federal ‘anti-masking’ rules. These are rules and guidance from USDOT that limit deals and negotiations from occurring in cases involving a driver with a commercial license. What this means for drivers, unfortunately, is that obtaining dismissals and other net positive outcomes on traffic citations is getting harder.

Drivers should still obtain counsel immediately following the issuance of a citation, but should also keep in mind that an attorney cannot guarantee a specific outcome in a case anymore. This factor is the main risk with the idea that a driver should always ‘ask for the ticket’ during a roadside inspection (or the absurd idea that companies will punish drivers for not trying to get a ticket versus a warning, that’s silly-talk!). If that ticket is in a jurisdiction with an unfriendly court, the driver has just guaranteed they’re getting a harsher monetary penalty and points on their license when they should not have.

Warnings

A 'warning,' on the other hand, differs significantly from tickets. In Oklahoma, as well as in most states, a warning issued by law enforcement (verbal or written) doesn't carry the weight of a ticket. By themselves, warnings don't generate a report to any database, they require no follow-up, and aren't tracked by any government agency. Essentially, they evaporate immediately, leaving no trace in any public records. They have no impact on driver history, enforcement options, or insurance rates. A dud, in other words.

So, if a warning is issued, the driver will not potentially owe money to the local government or have to attend a court hearing as they may with a citation.

Roadside Inspection Reports

A roadside inspection/exam report is best thought of as a federal ‘receipt’. It documents any violations found during an inspection, and contains information that has already been transmitted to the FMCSA program database. Any driver that receives an inspection/exam report that shows violations should take a picture of the document immediately, and reach out to safety and/or an attorney to notify them of the issue. Further, if the driver feels like there is information available to aid in defense of the violations found, they should gather that information as soon as possible for an eventual challenge. This information-gathering step is where most drivers falter.

Example: trooper pulls driver over for speeding, issues exam report with speeding violation noted, and driver has EDR (or dashcam that tracks speed, ROVE Dash Cam is my personal favorite) plugged into the truck. Driver should immediately (or as soon as practical) download that information and prepare to file a challenge online in the FMCSA DataQ portal if the data shows a different speed than noted on the paperwork. Same would apply to an equipment violation: take the truck to a mechanic immediately to verify the issue or produce a written technical statement on diagnosis that the officer was mistaken. Both of those scenarios can lead to a removal of any violations found if the driver has evidence of innocence. This applies whether a warning or ticket was given or not.

The problem all drivers face is that most violations on an exam report are noted accurately. Drivers won’t have a defense, so they are technically ‘guilty’ of the violation. This is where the discussion of the traffic ticket comes in.

Not more than 5 years ago, if a traffic ticket was issued along with an exam report, chances were good that a driver could get that ticket dismissed or amended to a non-moving violation. This usually (assuming a few other things line up right) leads to the federal inspection violation being removed from the record after a DataQ challenge per DOT rule. Now, those chances are...less good. Primarily due to the anti-masking push noted above. So, asking for a ticket is often just a way to get a driver to pay more money on a violation and have a negative mark on their state driving record that would not be there if they’d just been given a warning.

I’ve conducted a couple of seminars on these areas, they can take some time to go through appropriately. The message I’d really want to leave you with is to make sure you fully understand how tickets and exam reports work, what your options are within the FMCSA program rules, and don’t believe it anytime someone tells you that you should always ask for a ticket or some other blanket recommendation in this area. It’s likely not true, and following that advice can cost you money and time on the road.

Hashtags:?#cdldrivers??#roadsafety #dashcams

Legal Disclaimer:?The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any subject matter. This article is also not trying to minimize driver concerns around privacy and unethical company behavior regarding dash cams, as there are bad actors in this space that will use camera footage for inappropriate ends. I also recognize that many drivers will have anecdotal evidence and experiences different from the above messaging. That's okay! On balance, i stand by the opinions here based on my experiences in my nationwide practice.

More Disclaimer:?This article is written to provide a surface-level introduction to the differences in warnings and tickets, and how inspection reports make drivers and safety managers a little goofy.

Really, legitimately, working tickets for my drivers is getting harder in multiple states. This is why i am a big advocate of dash cams, EDR, and any other tracking tech that a driver can use. If you have evidence of innocence, we can use that. Find a mechanic you can access in each part of your routes in case an equipment violation surfaces. Do your dang pre-trips right. Etc.

Help me, help you?!

Until next time.

Copyright:??2023 Zac Hargis, Attorney for Riggs Abney Law Firm. All rights reserved.