In our judicial system, you have the right to defend yourself on any charge against you.  This right to defend yourself, called a “Pro Se Defense” in the court system, could include any charge from a parking ticket to murder. However, a lawyer is available to defend you to ensure adequate legal representation for protection.
 
Here are some reasons a driver might want to represent themself on a traffic ticket. 

  • A driver knows all the facts of the case. They can use these facts in their defense.  After an accident the driver should write down their account of what happened while it is fresh in their mind, so they don’t forget any details.
  • If a driver wants to defend himself or herself. By law, you do not have to hire a lawyer.
  • If a driver knows the laws. The driver knows the state statutes, city and county ordinances, state and federal rules for CDL drivers, case law and the local court rules for the court.
  • If the driver knows the rules of evidence as used in that court.

What every driver should know is the law is not necessarily about right and wrong or even justice, but about rules, regulations, statutes, case law, common law and local rules. Laws and their interpretations determine the outcome in our judicial system.
 
Here are some reasons a driver would want legal representation on a traffic ticket. 

  • Laws are constantly changing. In most states and in the federal system, legislators make new laws every year, and the new law trumps the old law.  Looking at one law could easily fool someone about its meaning.  The laws start with congressional intent and the final wording of the law could be different leading to an unintended outcome.  For example, when the Supreme Court interprets a case on appeal, the Court may enforce or invalidate all or part of the law that has led up to the current case.  The same is true of the Appeals Courts, State Courts, and City Courts.  It’s important to know which current law governs your case.
  • The cost is cheaper than losing your career. The cost of hiring a lawyer is the primary reason for those who represent themselves.  For drivers, your CDL, MVR, CSA score, and career can be affected from a charge against you. Please consider this when deciding if hiring a lawyer is a good investment for your future. I am not saying you will win your case, but I am saying you owe it to yourself to get the best odds of winning your case.
  • Lawyers have experience. A lawyer can get all the facts of the case from the driver and from the officer.  The lawyer can file motions to compel discovery, argue the motions, and provide a brief for the court.  A lawyer can also exclude evidence from the trial.  Of course, the experience of the lawyer will allow them to make judgment calls on what questions to ask and what questions NOT to ask the driver and the officer.
  • Your next ticket could have serious consequences. It’s only one ticket right?  Wrong.  Should you get convicted on a serious CDL ticket, it stays on your MVR for three years. Your carrier and your insurance company (yes, for your car at home too), now view you as a driver without a clean record. You are one serious CDL conviction away from a suspended CDL for 60 days, a forced vacation even if you are needed to drive.  Of course you will not be paid while taking that 60-day vacation.  So at least 60 days of income is needed in your savings to survive this unpaid vacation.
  • You could be terminated from your carrier. Currently the CSA puts points on your SMS score if the officer finds a violation during an inspection.  Carriers are very concerned with the company CSA score so they are watching all drivers’ CSA scores. A bad CSA score for a driver affects the company’s safety rating.  A high rating will cause law enforcement to pull over any trucks in your fleet. Shippers are also watching carriers’ CSA scores to determine whom they ship their product with, so your carrier can terminate you to avoid risk of losing a customer.
  • CSA regulations will likely become stricter. CSA is a constantly changing regulation.  The CSA will add points to your CSA score for all violations, whether or not they occurred during an inspection. Why wouldn’t they if they are really concerned with safety?  It makes no sense to give points when they pull you over for speeding and not do an inspection. Unfortunately, I predict the change is coming to CSA sooner rather than later. That means you should start keeping your record clean now!
  • You’re likely going to be up against a lawyer in court. When I was a prosecutor and went to trial with a driver with no legal representation on a traffic ticket, I always won the trial.  Why did I win all the time?  The driver did not know the law, the regulations, ordinances, rules of the court, what to object to or even how to get something into evidence. All the driver knew was what happened and that they were upset.  The driver was looking for justice that never came because of the complexity of our laws.

It is hard for anyone to defend themselves in a world of exact laws and rules that change every day. My advice is to hire an attorney that specializes in the type of issue you have in court.  If you’re getting a divorce, hire a divorce attorney.  If you have a CDL ticket, hire a lawyer who specializes in CDL law. Investing in a lawyer is the smart choice for you and your career.

Comments (6)

Jim Klepper

Jim Klepper is a nationally-recognized transportation attorney and trucking industry advocate. His national law firm is entirely dedicated to trucking defense, and has defended over 260,000 CDL drivers and carriers since the advent of the CDL. He is personally licensed to practice law in 16 states, including the United States Court of Appeals and the U.S. Supreme Court. A prominent author and speaker, Jim regularly writes legal advice columns for truckers in industry trade journals, and is a featured advisor on national radio shows. He serves on the Board of Directors of the Truckload Carriers Association, the American Trucking Association, the Arkansas Trucking Association, the Oklahoma Trucking Association and the Oklahoma Humane Society. Mr. Klepper is active in many charities and trucking industry initiatives, and is also a Licensed Pharmacist.

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July 17, 2013 23:21:38 PM

Craig when i drove for Schneider i had a douche bag do that thank God for a shoulder to get onto and get around and there was a hwy patrol behind me and pulled that fool over

March 23, 2013 20:19:40 PM

I read an article on Overdrive Channel 19 about a new "trend" where tweekers are targeting trucks due to the large amount of insurance we carry. The will pass a truck and pull right in front and deliberately slam on their brakes forcing the truck to rear end the car. They then collect a large insurance payout. It seems to be on the rise in the Las Vegas area. The article recommended getting dash cams to prove your innocence and help avoid increased insurance premiums and bad CSA scores.

March 23, 2013 20:02:59 PM

yeah i noticed this myself but it can be said there not reliable but yet there more reliable then a witness is or will ever be

March 23, 2013 10:56:17 AM

I noticed dash cameras are becoming popular.

March 23, 2013 8:35:38 AM

that is some good info. but at the same time the witnesses should have there statements ready even if they don't favor the driver

March 22, 2013 17:28:43 PM