Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: http://read.dmtmag.com/i/769491
January 2017 | Overdrive | 25 Killerlain eventually took a defen- sive driving course and had the ticket removed from the record, with $75 spent. Today, that wouldn't be possible in the vast majority of states, given the federal "anti-masking" regulation for CDL drivers codified just more than a decade ago that took away the option of using defensive-driving courses to remove convictions from CDL drivers' Motor Vehicle Records. If you get a ticket you believe is unjus- tified, whether following a crash incident or other violation on the road or at a scale house, know that payment of the fine is an admission of guilt. It ensures that the ticket becomes a conviction and will follow you through at least the next few years of your career – and in some states, much longer – on your MVR. Employers are required to keep on file an annual MVR for every CDL driver they employ. Depending on the carrier, one or more convictions for safety- serious violations could be grounds for terminating a lease. The MVR is also a prime determin- ing factor in insurance rates for all own- er-operators, whether physical damage or independents' liability policies. "We go back three years to see if there are any claims or moving violations," said Courtney Wilson, president of 1st Guard Insurance Co., regarding physical dam- age. "If the MVR is clear, the driver will qualify for our best rate. If there are a couple of knocks, they'll get a mediocre rate, and if there are too many knocks, they won't qualify." The good news? There is more than one way to skin the cat when it comes to fighting tickets. More than four in 10 Overdrive read- ers say they have seen success contest- ing a ticket without employing a lawyer to help, though those numbers could well represent many readers' use of the defensive-driving schools of yore. Interviews with a variety of drivers today reveal a different pattern: The biggest success is seen when legal help is involved. Gary Buchs' one experience with a ticket in his 13 years leased to Landstar is a testament to the maxim. On U.S. 24 westbound out of Indiana and into his home state of Illinois, there's a curve in the road just before the pull-off into a scale. On this particular day, "trucks were backed up so that I would have had to stop on the highway to wait to get into the scale," he says. "So I went on past." There were no signs directing truckers to stop on the shoulder – "and there was no real shoulder, so I would have come to a full stop on a two-lane road." After Buchs bypassed the scale, "a trooper caught up with me pretty quickly," he says. "Without even asking me anything, he said, 'You turn around and get back to that scale house.' " Buchs brought his paperwork in – he was empty – explaining then to the offi- cer that he couldn't have gotten off the highway safely. "You could have just sat on the road," the officer said. Buchs cited the safety situation with HAVE YOU EVER SUCCESSFULLY FOUGHT A TICKET? YES 65% Without a lawyer 27% With a lawyer's assistance 22% Both of the above 16% I've never gotten a ticket 8% No 27% Howard Salmon: A motorist's illegal maneuver forced him into a minor accident and an unfair ticket. Max Heine More than four in 10 Overdrive readers say they have contested a ticket successfully without a lawyer's help, but in many situations, legal help can make the difference between winning or losing your case. OverdriveOnline.com poll, 648 respondents