"Ask the Judge" Column continues in La Prensa of SA, 4-8
Ask the Judge: Traffic Tickets & a CDL
By Judge Steve Walker
Much has been covered in “Ask the Judge” pertaining to traffic tickets this past year. However, the one aspect of traffic violations that has not been covered is in relationship to possessing a Commercial Driver’s License (CDL) and receiving a ticket for a moving violation.
Most moving violations such as speeding, running a red light, illegal turn, failure to signal when turning, failure to stop at a stop sign, and more can be cleared off a driver’s record by simply enrolling in a defensive driving class or paying the fine by accepting a 90 day deferred adjudication on the ticket which will then be expunged from the driver’s record.
The law is more severe for a driver who possesses a Commercial Driver’s License as compared to a regular driver’s license. Because of the stiffer penalties, the CDL licensed driver must adhere to a higher standard.
Like a Judge or Police Officer, the CDL holder is not treated the same as a regular license holder. While the incentive for the possessor of a normal driver’s license is afforded ample opportunities to remedy their driving record, the CDL holder is not allowed to take a defensive driving course or deferred adjudication to expunge their offense.
The CDL holder must either pay the ticket or plead not guilty and take their chances in a courtroom with a Judge or Jury who will decide their guilt or innocence. If a CDL holder accumulates more than three moving violations that they must pay, the Department of Motor Vehicles will revoke the license and the driver will not be able to have the license reinstated for up to two years.
For those who rely on a CDL for their livelihood, this scenario could be costly. Many CDL drivers transport goods across the county, drive emergency vehicles such as fire trucks, EMS vehicles and the like.
By Texas law, even though the offender was cited for a moving violation while driving their personal vehicle rather than their commercial vehicle, it makes no difference.
Numerous defendants that have been in Pct. 2 for a moving violation have actually voluntarily relinquished their CDL in favor of a personal driver’s license rather than having their CDL revoked. While it might appear to most people that the CDL standard is unfairly harsher than the private license, it is the law in Texas until repealed.
Lastly as always, if you are due in court, be sure to show up to court on time. It is
in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist. His Column "Ask the Judge" runs every week in the Sunday edition of La Prensa.
By Judge Steve Walker
Much has been covered in “Ask the Judge” pertaining to traffic tickets this past year. However, the one aspect of traffic violations that has not been covered is in relationship to possessing a Commercial Driver’s License (CDL) and receiving a ticket for a moving violation.
Most moving violations such as speeding, running a red light, illegal turn, failure to signal when turning, failure to stop at a stop sign, and more can be cleared off a driver’s record by simply enrolling in a defensive driving class or paying the fine by accepting a 90 day deferred adjudication on the ticket which will then be expunged from the driver’s record.
The law is more severe for a driver who possesses a Commercial Driver’s License as compared to a regular driver’s license. Because of the stiffer penalties, the CDL licensed driver must adhere to a higher standard.
Like a Judge or Police Officer, the CDL holder is not treated the same as a regular license holder. While the incentive for the possessor of a normal driver’s license is afforded ample opportunities to remedy their driving record, the CDL holder is not allowed to take a defensive driving course or deferred adjudication to expunge their offense.
The CDL holder must either pay the ticket or plead not guilty and take their chances in a courtroom with a Judge or Jury who will decide their guilt or innocence. If a CDL holder accumulates more than three moving violations that they must pay, the Department of Motor Vehicles will revoke the license and the driver will not be able to have the license reinstated for up to two years.
For those who rely on a CDL for their livelihood, this scenario could be costly. Many CDL drivers transport goods across the county, drive emergency vehicles such as fire trucks, EMS vehicles and the like.
By Texas law, even though the offender was cited for a moving violation while driving their personal vehicle rather than their commercial vehicle, it makes no difference.
Numerous defendants that have been in Pct. 2 for a moving violation have actually voluntarily relinquished their CDL in favor of a personal driver’s license rather than having their CDL revoked. While it might appear to most people that the CDL standard is unfairly harsher than the private license, it is the law in Texas until repealed.
Lastly as always, if you are due in court, be sure to show up to court on time. It is
in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist. His Column "Ask the Judge" runs every week in the Sunday edition of La Prensa.
No comments:
Post a Comment