Speeding ticket

[tianpatriot]

I am 51 years old and recently got my first speeding ticket in my cargo van in New Mexico. I called my company and they said new federal rules recently came into effect. If I had been 15 miles over instead of the 10 I was, I would be out of a job right now. I am on probation now for six months, if nothing else happens in this time I get to keep my job. What is this the beginning of replacing us American drivers with Mexicans? I am not against other groups, I just want to keep my job. This is way too strict and I think it is time for me to find another line of work.

 

[greg334]

What federal rules?

I would change companies. Which company?

 

[OntarioVanMan]

sounds more like an insurance company rule...

15 over will get you terminated at my carrier...

 

[greg334]

I can understand the company, that's one thing but to say it is a new federal rule goes right to my point that many are treated as children when it comes to actual facts of why and who is setting the rules. I can't find a thing about federal rules saying anything about probation or anything like that but I also know a number of companies are pulling sh*t with contractors with CSA and terminating their contracts just because they got a ticket without a road side inspection - one is right here.

 

[chefdennis]

I don't know about a new Fed rule, but i can tell you that if you had been 15 over chances are really good that your carriers Insurance company would have bounced you if you couldn't have gotten it lowered to 10 over...A friend of mine and a regular poster here just went through this exact thing..he had like 2 weeks to get it reduced from the issuing state or the carrier insurance would have dropped him..in affect costing him his job..and that ain't the government....

You also might want to contact the the court in the city that the ticket was issued in and ask if you can get a " delayed disposition"...in some situations they will hold judgement for the ticket for 6 months and if you don't get another in thier jurisdiction, you pay the fine and they throw the ticket out without it going on your driving record....

 

[Steady Eddie]

Don't Speed!

 

[cheri1122]

Don't Speed!

Duh.
I read an interesting thing recently, about how speed limits are [pretty much everywhere] set according to the 80% method: the speed that 80% of drivers are traveling is the right speed limit for that road. Except in the US, where the authorities typically subtract 8-12 mph, thereby guaranteeing that a certain percentage of drivers will always be speeding.
And there's the cities that got caught shortening the yellow portion of traffic lights, after 'red light' cameras were installed, too.
When it's more about revenue than safety, drivers may get so focused on watching the speed limit signs and traffic lights that they miss something they should have seen in time to avoid a collision.
If my livelihood were threatened by just one ticket, I bet I'd be obsessed with the signs & signals...

 

[ATeam]

I am 51 years old and recently got my first speeding ticket in my cargo van in New Mexico. I called my company and they said new federal rules recently came into effect. If I had been 15 miles over instead of the 10 I was, I would be out of a job right now. I am on probation now for six months, if nothing else happens in this time I get to keep my job. What is this the beginning of replacing us American drivers with Mexicans? I am not against other groups, I just want to keep my job. This is way too strict and I think it is time for me to find another line of work.

The company policy you cite is not the beginning of replacing American drivers with Mexicans since the definition of serious violations under Part 383.51 would apply to all commercial vehicle drivers regardless of citizenship.

According to the federal regs, driving more than 15 mph over the posted speed limit is a serious violation. Note that the term "serious violation" is used in a specific way in this context. See Table 2, Item 1.

You would have to check with your carrier to be sure about the probation part but I think "probation" is a function of your carrier's safety policy and not a function of the federal regs.

It would not matter what carrier you signed on with. A "serious violation" is just that as defined by the federal regs. The way carriers deal with drivers who receive speeding tickets will vary from carrier to carrier but if your violations rise to a certain level, carrier polices will matter little because the federal regs will rule.

The advice "don't speed" is good advice. I know a lot of drivers feel they must speed, or they wish to speed, or they don't consider speeding to be a big deal, or they like to play the cat and mouse game with the cops; but speeding is an illegal act and you are opening the door to trouble if you do it.

 

[DieselDriver]

Did you ever consider slowing down...when you make a conscious decision to drive faster than the posted speed limit be prepared for the consequences...and don't cry like a little girl

 

[blizzard2014]

I got a ticket for doing 16 over the speed limit in Napoleon, Ohio back in 2008 and went to court and talked to the district attorney and got the thing reduced to 59 in a 55 with no points. It never showed up on my record. But I had to spend two days driving to the court, and all of the lost money, as well as an extra 100 dollar court processing fee.

What you need to do is call the district attorney in, New Mexico and explain your situation to him and sometimes they will ask you for a copy of your MVR, and if it is clean, they will reduce your ticket to a minor parking violation. You have to call them and be professional over the phone and you can get it reduced most times. I've done it 3 times in the past 5 years. I hope this helps bud.

 

[Dreamer]

With CSA kicking in, tickets will hurt your company's score.... so more drivers will be getting bounced for what would have been "minor" citations.

Also, on CSA .. remember, a warning still gives points... and a simple seat belt violation gives 21 points!


Dale

Posted with my Droid EO Forum App

 

[moose]

I got a ticket for doing 16 over the speed limit in Napoleon, Ohio back in 2008 and went to court and talked to the district attorney and got the thing reduced to 59 in a 55 with no points. It never showed up on my record. But I had to spend two days driving to the court, and all of the lost money, as well as an extra 100 dollar court processing fee..

there's a same advice given for free at the Feb. addition of LandLine Mag.
it's a must read for anyone facing a traffic ticket.
"...but because the judge required you to pay court costs, a copy of the fact ...was sent to the state DOT"
..."unfortunately, must states are now requiring notice of any money paid to a court to be submitted to the local DMV"...

BTW, 3 in 5 ?

 

[nightcreacher]

you use to be able to take a defensive driving class to get rid of your ticket,still can in yoour car ,but not in a comercial vehicle.I myself have done this in 3 different ocassions,getting rid of serious viloations,1 for 15 over in OH and 2 for 30 over,1 in FL and 1 in AR.Price of fuel has saved my speeding,now i get tickets for driving to slow,lol.I took a ticket in OH to court,all they did was reduce the ticket to under 60 but over 55.Problem,I wasnt speeding,was going up hill on I 670 east side of Oh coming from West VA.44000 in the trailer,said I was doing 67.Would be impossible to do with 44000 lbs,my trucks motor isn't that big.waisted 500 bucks on lawyer

 

[Crazynuff]

Duh.
I read an interesting thing recently, about how speed limits are [pretty much everywhere] set according to the 80% method: the speed that 80% of drivers are traveling is the right speed limit for that road. Except in the US, where the authorities typically subtract 8-12 mph, thereby guaranteeing that a certain percentage of drivers will always be speeding.
And there's the cities that got caught shortening the yellow portion of traffic lights, after 'red light' cameras were installed, too.
When it's more about revenue than safety, drivers may get so focused on watching the speed limit signs and traffic lights that they miss something they should have seen in time to avoid a collision.
If my livelihood were threatened by just one ticket, I bet I'd be obsessed with the signs & signals...

You brought up a good point here . A defense my be established if a speed survey has not been done within 5 years .
"Determine the "critical speed" for the section of highway where you were allgedly speeding. The survey may show this as the 85th percentile speed. This should be within 9 mph of the posted speed limit. If it is 10 mph or more above the posted limit, the survey does not justify the speed limit per the Caltrans Manual, and you have a speed trap ticket per People v. Goulet (17 CalRptr 2d 801)."
Help! I Got a Ticket!
A couple of more points . A speeding ticket should always be contested with an attorney . There charges are almost always reduced or dismissed .
The CSA 2010 points system and points system established by the state issuing the drivers license are 2 different systems . Not going further with that . Far too controversial

 

[bludragon13]

I am 51 years old and recently got my first speeding ticket in my cargo van in New Mexico. I called my company and they said new federal rules recently came into effect. If I had been 15 miles over instead of the 10 I was, I would be out of a job right now. I am on probation now for six months, if nothing else happens in this time I get to keep my job. What is this the beginning of replacing us American drivers with Mexicans? I am not against other groups, I just want to keep my job. This is way too strict and I think it is time for me to find another line of work.

you might be right, about time to find a new line of work. the interstate speed limit in NM is 75mph,10 over is 85,whats the rush? 85 with freight is too fast even for a van, how fast were you really going? Where were you and what was the speed limit?

 

[chefdennis]

Nightcreacher wrote:

Price of fuel has saved my speeding,now

I well say this, I drive 70 most of the time and occassionaly hit 75 when passing someone...with the pizz poor gas mileage in my new van, and the cost of gas, I have already slowed down to 65 and am considering 60.....

And yea 85 is wayyyy to fast in a CV...even unloaded...

 

[purgoose10]

you might be right, about time to find a new line of work. the interstate speed limit in NM is 75mph,10 over is 85,whats the rush? 85 with freight is too fast even for a van, how fast were you really going? Where were you and what was the speed limit?

I was going to say the same thing. Like 85+?? All that extra gas up in smoke, all that fine money, almost fired, all that aggravation, was it worth it?

The faster you drive the more stress you put on yourself, blood pressure goes up, wife is mad cause she need's the money, OH WAIT, that's reason enough.

 

[TeamCozumel]

I am 51 years old and recently got my first speeding ticket in my cargo van in New Mexico. I called my company and they said new federal rules recently came into effect. If I had been 15 miles over instead of the 10 I was, I would be out of a job right now. I am on probation now for six months, if nothing else happens in this time I get to keep my job. What is this the beginning of replacing us American drivers with Mexicans? I am not against other groups, I just want to keep my job. This is way too strict and I think it is time for me to find another line of work.

1) Get an OIDA membership
2) Get an attorney referral from OOIDA

No guarantees but an attorney might be able to get the violation dropped, which is like not even having it to begin with. This could cost you in the short run but in the long run, it may be worth it.

 

[TeamCozumel]

I am 51 years old and recently got my first speeding ticket in my cargo van in New Mexico. I called my company and they said new federal rules recently came into effect. If I had been 15 miles over instead of the 10 I was, I would be out of a job right now. I am on probation now for six months, if nothing else happens in this time I get to keep my job. What is this the beginning of replacing us American drivers with Mexicans? I am not against other groups, I just want to keep my job. This is way too strict and I think it is time for me to find another line of work.

1) Get an OOIDA membership
2) Get an attorney referral from OOIDA

No guarantees but an attorney might be able to get the violation dropped, which is like not even having it to begin with. This could cost you in the short run but in the long run, it may be worth it.

 

[jujubeans]

I was going to say the same thing. Like 85+?? All that extra gas up in smoke, all that fine money, almost fired, all that aggravation, was it worth it?

The faster you drive the more stress you put on yourself, blood pressure goes up, wife is mad cause she need's the money, OH WAIT, that's reason enough.

If Mama is happy, EVERYONE is happy!