Hi,

I might be getting a ticket for "weaving" (lane control) for 2 points in NJ. I plan to plead not guilty, but the judge will probably find me guilty anyway, says the lawyer I spoke to.

Are there many companies that will refuse to hire me with a "weaving" ticket. I don't have any other tickets or accidents since I've been driving a TT, which is almost 2 years.


Thanks

 

Any moving violation is not good when you drive a commercial vehicle. Most carriers will be able to get you approved with one moving violation, depending on the seriousness of the offense. It would be good if your lawyer could plead your offense down to a non-moving violation. Most decent lawyers can get it down to something that will not hurt your license. Any moving offense can limit your opportunities in this business. I would check with some recruiters who work for different carriers whom you are interested in working. We have a couple who frequent this forum.

 

I agree I would definately try to amend the charges to something non driving.

(Sorry GMAN I forgot I'm supposed to warn you first before we agree on something!)

 

Krell....your "lane control" citation is basically the same as ranchermans post just a few threads down from here.
Link: http://www.classadrivers.com/phpBB2/...ic.php?t=34954

Your citation is listed in the FMCSA that Im linking here also:
http://www.fmcsa.dot.gov/rules-regul...ction_toc=1322
This is a serious violation regarding CDL holders. You should do what you have to, to have that citation downgraded to a lesser charge.
And...although it may or may not affect you getting hired, and as as CDL holder if you get anyone of the other serious violations within the time period listed in the FMCSA, it will earn you a license suspension for the time shown.
Try and get it downgraded.

 

Just a thought for you. The girl that caused the accident on the Bay Bridge could be considered as having been weaving. Read...

http://www.classadrivers.com/phpBB2/...=34995&start=0

...and now, a driver is dead. But, a charge of "FAILING TO OBEY TRAFFIC CONTROL DEVICES" also covers it, because the lane markings are TRAFFIC CONTROL DEVICES. However, it then becomes a "non-moving violation".

To my way of thinking, weaving could be considered more serious than speeding, because weaving might be thought of as driving while too sleepy to drive. Something that indicates you drive while fatigued means risking hundreds of thousands of dollars in insurance claims, and facing lawsuits as the result of an accident that could cost lives. I'm not in a position to hire anyone, but it's something I have thought of back when I was running my own truck. If I bought another truck, it would mean hiring a driver. What would I look at before I put him/her behind the wheel of my other truck. I've seen accidents that were definitely the result of speeding, but generally, speeding is exceeding the speed limit on the highway. Weaving would be a "potential HEAD-ON" looking for a place to happen. Especially when you didn't realize you were doing so. It suggests another CRETE IN FLORIDA that killed 5 people in a car between himself and a stopped school bus because he was too fatigued to drive.

A charge of FAILING TO OBEY TRAFFIC CONTROL DEVICES also covers speed limit signs, no parking signs, right turn only signs, etc. The fine will most likely be the same, but it's a non-moving violation. It does not suggest fatigue.

Take Gman's advice. Get it pleaded to something non-moving.

 

Thanks for the replies. I found a violation like "FAILING TO OBEY TRAFFIC CONTROL DEVICES" on a NJ point website. I can try to get the prosecutor to give me that, with zero points attached. I'm getting lots of "don't knows" from attorneys I call and from clerks who answer the phone at the courthouse.

The attorneys tell me the violation may or may not be transferred over to my home state. That would be good, since it wouldn't go on my license then. But it "might" and "might not" be transferred. Meaning I have to wait and see if it appears on my MVR !!

The prosecutor may not allow me to plea bargain. May have to plead guilty or not guilty and get the judge's verdict. Even with a 2 pooint conviction, the 2 points and/or the conviction itself "may or may not" be transferred to my home state. Lots of vagueness.

This thing is really wearing me down. The hearing is next week.

Moral of the story : drive safe, don't get tickets.

Any other suggestions / ideas are welcome, of course.

Krell

 

I am confused here, you "might" get a ticket? If you will tell us what happened we actually might be able to give a little bit more accurate advice

Not trying to be a smart alec, just trying to figure out what you are actually talking about. Did you get in a wreck? Did an officer observe you, stop you and question you? How do you have a hearing without knowing a charge?

Basically though, a "weaving" conviction will proably constitute an unsafe driving type charge to any insurance company and probalby hurt any chances of getting hired. Remember, it's not the trucking company that sets these hiring standards based on your driving record, it is the insurance company that has to pay out if you do have an accident!

 

There are lawyers who work with truckers. Most of the time they can get something reduced or thrown out. Sometimes a lawyer can work with the court much easier than the defendent. Some of the legal referral services set up in TA or Petro truck stops. www.roadlaw.com is one. There is another that I can't recall.

 

I do have a ticket, and I might get convicted for the ticket, when I appear in court. No accident, just a ticket. A cop was following me and pulled me over. The ticket is for "weaving", in the remarks section, and the statute for the ticket mentions "unsafe lane change", etc.


Krell

 

Perhaps you can elaborate more on the charge and ticket? Were you weaving? Were you changing lanes in an unsafe manner? Is there anything else mentioned on the ticket?