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Old 08-17-2008, 03:09 PM
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Default Moving Violation with Zero Points ????

I got a ticket for weaving, which is only 2 points but is considered a serious violation by FMCSA. I hope to plea bargain it down to "Unsafe Driving" with Zero points, at my hearing. The courthouse clerks are telling me that "unsafe driving" is the standard violation name the prosecutor uses for the zero point deal. It will be expensive - if they let me do it - $439, but worth it. I think.

My question : will it still be considered a moving violation if it is zero points ????

I get yes and no answers from different lawyers. The courthouse clerks tell me it is like a parking ticket (non-moving) , but with a name like "unsafe driving", people are going to think it is a moving violation.

I am going to be bold and ask the prosecutor for a different name like "failure to obey traffic control device", but the word from lawyers is that the prosecutor will probably only offer "unsafe driving" as the name of the conviction.


Anyone is the same boat with me? Must be plenty of drivers who paid extra to get the points down to zero. What is your experience???


Thanks

Krell
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Old 08-17-2008, 03:22 PM
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Points are only important to the state. Once you have a certain number of points they will suspend your license. It has nothing to do with whether a carrier will hire you or an insurance company will insure you. It is the offense that they check. Most will allow 2-3 moving violations, depending on the severity. If the offense is sever enough, they only allow one. I spoke with my insurance company yesterday and if an applicant has a single offense of speeding at 15 mph or more over the posted limit they will not cover them. Insurance companies vary as to what they use as their cut off limit.

I would not try to handle this myself if I were you. I would get a lawyer and pay them about $500 to handle it for you. More than likely they can get the charge reduced. Most of these states and municipalities are more interested in the money than charging you. These prosecutors want to get a conviction. It really doesn't make much difference to them what the conviction is for as long as they get another notch in their belt. They want to have a high conviction rate for the voters. It makes them appear as though they are doing their job.
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