This is our first column in Road King, and it’s intended to keep you informed of important legal issues that affect your business and livelihood. We’re doing this by using a question-and-answer format to explain our most frequently asked questions.
Q: I have an attorney in my hometown that I use for most of my legal affairs. Why should I hire a different attorney when I get a traffic ticket?
A: If you’re a professional driver, you need a lawyer who understands federal and state transportation laws and how they work. A competent attorney must know about the Federal Motor Carrier Safety Regulations (FMCSR), the motor vehicle code in the state where you’re licensed and the applicable rules where you received the citation.
Q: I got a ticket in my car and I just paid it. Now, it’s on my driving record and my company is giving me hell about it. Isn’t what I do on my own time my own business?
A: No! There is no separate commercial/non-commercial MVR. Whether you’re convicted of a ticket in your personal vehicle or your commercial vehicle, each conviction will appear on your MVR.
Q: I’m licensed in Illinois and I got a ticket in Ohio for speeding 64/55mph. The officer told me to just pay the ticket because it was a “0” point violation. I ran my MVR and it showed up as a conviction. Why?
A: Your “home” state or the state where you’re licensed is the only state you should be concerned with. In this question, the driver was licensed in Illinois. Illinois has a “moving/non-moving system.” Because speeding is a “moving” violation, the Ohio ticket that you paid appeared on your Illinois MVR as a moving violation.
We hope you can use the information in this column to help with everyday, real-life problems you face on the road. We invite you to send any questions or comments you may have regarding transportation law to Road Law, 1330 N. Classen Blvd., Suite 215, Oklahoma City, OK 73106; call (405) 272-0555, fax to (405) 272-0558. Or you can contact us through our website at www.roadlaw.net. We look forward to hearing from you.
