CA's AB 1888 is a JOKE!

Discussion in 'Experienced Truckers' Advice' started by CaliforniaxCowboy, Oct 6, 2013.

  1. CaliforniaxCowboy

    CaliforniaxCowboy Light Load Member

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    So prior to January 2013, Commercial Drivers in California had no option to attend traffic school for minor moving violations, even those committed in personal use vehicles. After a lengthy "fight" between Truckers Unions and Lawmakers within the state, a bill known as AB 1888 was signed in to law by Gov. Brown. This would seem like a huge victory for Truckers, but unfortunately we had been duped. Here's a breakdown of how the new law works...

    If you hold a Class A, B or Commercial C in the state of California, and you're convicted of one (minor) moving violation in an 18 month period, you are now "supposedly" eligible to attend traffic school.

    The purpose of traffic school is and always has been to "mask" minor violations from appearing on a Motor Vehicle Record, or MVR.

    AB 1888, somewhere in it's fine print, EXCLUDES COMMERCIAL DRIVERS from that all important protection traffic school provides, but still makes the option available!? It's like asking someone who's thirsty if they'd like a glass of water, then asking them to pay for that glass of water, and then never giving them any water at all...

    What would be the purpose of attending traffic school if my conviction won't be masked? They claim it's to keep points from accumulating on your license, but because insurance companies and employers can STILL SEE the violation on your record, the points become entirely moot. You may have zero points against your license, but everyone still knows you were convicted of a MOVING VIOLATION the minute they pull your CMVR.

    I wasted almost 80 dollars on traffic school and court costs before I was made aware of this little sham. It's clear the state is BROKE and had to come up with something entirely too clever to rack up more administrative dollars...
     
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  3. fr8te_sh8ker

    fr8te_sh8ker Medium Load Member

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    I don't know about California but in North Carolina if you get a speeding ticket you should immediately call a traffic attorney.

    If you've never had a citation before you'll likely get a "prayer for judgement" and never see the violation on your MVR.

    If you get a second citation you'll likely see "Equipment Failure- Speedometer", a non-moving violation that will show up on your MVR. And there is no requirement to attend Traffic School.

    I'm not sure how many times you can be cited before an attorney can no longer bring it down to non-moving violation.

    Just saying, it's not the same everywhere.
     
  4. Pumpkin Oval Head

    Pumpkin Oval Head Road Train Member

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    There is a federal law governing traffic school for CDL drivers....and it prohibits judges from expunging tickets from your driving record. My judge would not let me go to traffic school. My attorney told me about this law. It was part of the Patriot Act. The best you can do is get your speeding ticket reduce to 3 or 4 mph so it has little impact on you, but does go on your record with a few points. All CDL drivers need to be aware of this law. I have heard of a judge in a small town nearby taking a speeding ticket off a CDL licensees record.....but they are not supposed to do that.
     
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  5. fr8te_sh8ker

    fr8te_sh8ker Medium Load Member

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    Just because an officer writes a ticket doesn't mean you're guilty. That's why you call an attorney and that's why you let them handle it.
     
    Cetane+ and truckon Thank this.
  6. CaliforniaxCowboy

    CaliforniaxCowboy Light Load Member

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    This "law" rips off commercial drivers, plain and simple. Think about it, you've got a court telling you that you're eligible for traffic school if you just plead guilty. You don't have to worry about hiring a lawyer, going to court. You won't lose much in the way of time or money (aside from the fine). So you think you've caught a break. But what they've actually done is just collect MORE money from you than the initial fine required AND GIVEN YOU NOTHING IN RETURN. You're still on the hook for the violation. It just cost you 40-70 dollars more. We were better off when traffic school simply was not an option. And union leaders are patting themselves on the back like this is some sort of great accomplishment for drivers. This is a SCAM and should be exposed as such...
     
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  7. windsmith

    windsmith Road Train Member

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    Federal law REQUIRES that CDL holders be excluded:

    My personal solution to this dilemma is to drive in a safe and prudent manner such that I don't incur any moving violations. So far, it's worked 100%.
     
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  8. PackRatTDI

    PackRatTDI Licensed to Ill

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    Personally I believe you should be able to mask citations earned in your personal vehicle on your own time relieved of duty from operating a commercial vehicle.
     
  9. Joschmotrucker

    Joschmotrucker Light Load Member

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    Lets just shorten the thread title to CA is a joke! :yes2557:
     
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  10. GasHauler

    GasHauler Master FMCSA Interpreter

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    Do you have a reference for this federal law? The best thing you can do is NOT get a ticket in the first place.
     
    crzyjarmans Thanks this.
  11. windsmith

    windsmith Road Train Member

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    Read post #6
     
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