Friday, October 7, 2011

I received a speeding ticket and I have a Commercial Drivers License. (CDL) What can I do?

If you have received a speeding ticket, traffic ticket, or moving violation in Kansas and you have a Commercial Driver's License you are going to have big problems.  Here is why...

KSA 8-2,150: Commercial Driver's License; diversion agreements not allowed. (a) A driver may not enter into a diversion agreement in lieu of further criminal proceedings that would prevent such driver's conviction for any violation, in any type of motor vehicle, of a state or local traffic control law, except a parking violation, from appearing on the driver's record, whether the driver was convicted for an offense committed in the state where the driver is licensed or another state.
This creates a huge problem.  What this law does is limit a county attorney's or city prosecutor's ability to cut you a break.  If you have a CDL and you get a Ticket the prosecutor can not legally allow you to enter into a diversion agreement to keep the ticket from going onto your driving record.  It is also the policy of the vast majority of municipal jurisdictions not to amend moving violations to non-moving violations for people that have a CDL.
It does NOT matter if...
1.  You haven't used your CDL in years.
2.  You weren't driving your truck when you got pulled over.
3.  You have a spotless driving record.
That being said we may be able to help.  CDL tickets can be handled.  They can be dismissed.  They can be set for trial and the trial can be won.  You don't just have to pay them and deal with the consequences.  We can set the case for trial and submit discover requests for the officer's training on the equipment used to determine your speed.  We can submit discover requests for the records on the equipment used to measure your speed.  We can determine inconsistencies in the ticket. We can evaluate the records and see if you have a case.  Commercial Driver's License tickets can be beat and we can help.

1 comment:

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