James F. Mahoney, Attorney
Commentaries
 
     

August 2014

Truckers, Don't Let Your CDL Violations Grow Up to Be CSA Problems

Successfully contesting the questionable citations arising from roadside inspections or traffic stops will now allow us to clean up your CSA scores

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With all due respect to Ed Bruce, who wrote that song, and to Willie for singing it with Waylon, the title of this message is meant as a reminder to all drivers and trucking companies that now is the time we can contest all DOT violations cited in a civil traffic or criminal complaint.

The FMCSA has addressed the problem of not providing Due Process relief for incorrect violations that adversely affect drivers' and carriers' CSA scores. We can now update the Motor Carrier Management Information System (MCMIS) to reflect the results of actual court resolutions of charges and citations.

Successfully contesting the questionable citations arising from roadside inspections or traffic stops will now allow us to clean up your CSA scores. DataQ has been modified to adjust the data according to court outcome.

If we are successful in defeating the court citation, we then follow up in DataQ with certified court documents showing the better outcome or dismissal in court. We're very proud to offer help to you and your drivers in all Arizona courts and then wiping out the CSA violations thru the DataQ process (if we win, of course).

Under 49 CFR 350.201(s), States must “establish a program to ensure that accurate, complete, and timely motor carrier safety data are collected and reported, and ensure the State’s participation in a national motor carrier safety data correction system prescribed by FMCSA.”

Well, we now have the process; and let's use it to correct errors and apply some justice to driving records.

Here's how the Agency expects the changes to appear after resolution of citations: if successful and we get the citation or criminal charge dismissed or the client is found not guilty or not responsible, the CSA violation will be removed from PSP and SMS scoring; if there's a plea to a lesser charge, the weight will be reduced to 1.

We were recently successful in winning the dismissal of a double log criminal charge. We argued to the court that the "search and seizure" of the alleged double logs was unconstitutional.

Call if we can help you or your driver.