Bristol, Virginia Lawyer for CDL Speeding Tickets, Weight, Log & Equipment Violations
As Bristol, Virginia lawyers for CDL drivers charged with speeding tickets, reckless driving, or weight, log, equipment, or trucking violations, we understand the numerous state and federal laws and regulations that apply to commercial interstate truck drivers. We also understand that as a commercial truck driver, your ability to earn a living and put food on the table for your family hinges on your continued ability to drive.
We offer tenacious and dedicated representation to CDL drivers charged with violating traffic laws, or who are accused of violations of the rules and regulations set forth under the Federal Motor Carrier Safety Administration (“FMCSA”).
Let Us Work to Keep You on the Road! Call Us 24/7 at (276) 623-0808.
Our representation of CDL drivers includes:
- A Free consultation. There is no cost whatsoever to speak with us to learn about your case, and to learn how we can help you.
- Fixed fee representation. You won’t need to worry about how much your case might cost.
- Credit card payments accepted. As a convenience to clients, we accept credit card payments.
- Experienced representation. Attorney Mark Hurt has been practicing law for more than 30 years, and has represented clients in numerous state and federal trial and appellate courts, and even before the United States Supreme Court.
- No need to appear in court (in most cases). In most cases, we can appear in court on behalf of our clients so that they do not need to travel to Virginia or to take time off from work for a court hearing. This representation is crucial, as we know that otherwise, a driver might need to travel from a distant state to appear in court.
Please Call Us to Get Started.
In the interim, the following sections discuss some of the charges for which we defend commercial truck drivers.
Hours of Service Violations
Hours of Service regulations were implemented to help keep truck and other interstate drivers safe, in part by requiring mandatory rest periods to help eliminate crashes caused by driver fatigue. For many years, truck drivers could document compliance through manual logs. Now, with the advancement in technology (as well as concerns by the FMCSA about drivers falsifying logs), nearly all drivers are required to use an Electronic Logging Device (“ELD”). As a driver, you are likely now using an ELD to document Hours of Service compliance, and well as Record of Duty Status (“RDOS”).
We are familiar with ELD’s, and understand which hours count as “driving hours” and which hours do not count (such those associated with personal conveyance and yard moves). We are available to defend clients charged with these violations.
The Hours of Service Rules and related regulations also provide for other matters, such as bans on alcohol and drug use (including “pep pills”) during driving and in the immediate hours prior to driving.
Speeding and Reckless Driving Violations in Virginia
Most non-Virginia residents are unaware that driving 86 mph or faster in Virginia constitutes reckless driving. Reckless driving is a more serious charge than speeding, and consequently a conviction can result in more points, higher potential fines, and the possibility of incarceration.
We understand that it’s easy to inadvertently drive over 85 mph, especially after entering Bristol, Virginia from either Tennessee or northeast of Bristol on Interstate 81. Prior to entering Bristol, Interstate 81 passes open country with few towns. However, as Interstate 81 enters Bristol from either direction, traffic can become congested with the influx of local drivers. In addition to more traffic, typically there are also more police patrolling the Interstate, which increases the number of traffic citations issued.
You’ve Been Issued a Violation – Now What?
Under the federal FMCSA regulations, a Disqualification for Serious Traffic Violations (including speeding and reckless driving),
How We Help (and Your Rights)
We appreciate the gravity of charges involving traffic and FMCSA violations, and the potential impact a conviction may have on commercial interstate drivers and their ability to work. We are dedicated to doing our upmost to protect your rights if you are charged with a driving or regulatory violation.
Identifying the Facts and Circumstances of Your Case
When we defend drivers, the first step is to identify the relevant facts and circumstances of a case. It’s important to understand – you do not need to prove your innocence; rather the applicable authority must prove guilt.
Was there an Illegal Stop?
In some cases, evidence may have been obtained illegally, such as if an unconstitutional traffic stop was made and the police then discovered that a driver may have been drinking. In these cases, usually all evidence that has been gained illegally will be inadmissible in court. As a result, these cases usually result in a dismissal of all charges. In other cases, the evidence itself may not be reliable (or sufficient to prove guilt beyond a reasonable doubt).
Developing and Implementing Case Strategies to Win
There are potentially a wide range of options regarding how we may proceed, including seeking a dismissal of all charges, seeking an order for the inadmissibility of evidence, going to trial, and seeking an outcome other than a guilty plea. We commonly work on a number of defenses for our clients in implementing a sometimes multi-faceted approach in seeking the best outcome possible.
You Can Reach Us 24/7 – Call Us to Schedule Your Free Consultation
At the law offices of Mark T. Hurt we understand that the working hours of interstate commercial drivers are unpredictable. We also understand that driving charges can occur at any time.
As a result, someone on our team is available 24 hours a day to take your call.
Once we learn about the nature of your charge or violation, we can answer your questions, explain how we can help, and advise of the cost for our representation.
Don’t Jeopardize Your CDL – Call Us Today!
[1] See Code of Federal Regulations Title 49, Subtitle B, Chapter III, Subchapter B, Part 383 and Sections 383.51.
[2] See, for example, https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&ty=HTML&h=L&mc=true&=PART&n=pt49.5.383#se49.5.383_131, Section 383.51(b)
[3] See, for example, https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&ty=HTML&h=L&mc=true&=PART&n=pt49.5.383#se49.5.383_131, Section 383.51(c)
[4] See, for example, https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&ty=HTML&h=L&mc=true&=PART&n=pt49.5.383#se49.5.383_131, Section 383.51(e)
