Washington County Lawyer for CDL Speeding Tickets, Weight, Log & Equipment Violations
Washington County CDL Lawyer
If you’re a commercial truck driver, your ability to drive is more than just a convenience – it’s your livelihood. We understand.
For more than 30 years firm founding attorney Mark Hurt has been providing tenacious representation to clients in matters including alleged traffic violations. He has successfully helped countless clients avoid much more severe penalties, including the potential loss of license and significant fines.
Have You Been Charged with a Violation that Could Jeopardize Your Ability to Drive?
If so, we invite you to call us 24/7 at (276) 623-0808 to learn how we can help you. As a Washington County, Virginia CDL lawyer for speeding tickets and weight, log, and equipment violations, firm founding attorney Mark Hurt is dedicated to protecting the rights of commercial interstate drivers.
We provide a free consultation, and offer a fixed fee representation for most traffic matters so you won’t need to be concerned with a potentially unlimited legal bill, even if your case goes to trial. We additionally accept credit card payment for our services.
We would look forward to speaking with you about any ticket or CDL/FMCSA violation that you may have received, and discussing with you how we can help protect your rights and your ability to work as a commercial interstate driver.
Representation of CDL Drivers and Operators in Washington County, Virginia
Washington County, Virginia is bisected by interstate 81, a heavily used interstate that runs from Canada to just short of Knoxville, Tennessee, where it merges into Interstate 40. This interstate not only is highly used for the transportation of goods to and from upper New York and areas north of New York, it is also used to transport goods to and from Canada, as the northernmost end of Interstate 81 connects into Canadian Interstate 401, a major transportation artery of southeast Canada.
CDL Representation – Working Hard to Defend Commercial Interstate Drivers
In addition to being subject to the general rules of the road that must be followed by all drivers, interstate Commercial Driver’s License (CDL) holders must also comply with the rules and regulations for interstate commercial drivers under the Federal Motor Carrier Safety Administration (“FMCSA”), including:
- Hours of Service (“HOS”) regulations, which prescribe mandatory rest breaks between driving.
- Prohibitions on alcohol consumption (Section 392.5) and certain types of “pep” pills within a prescribed time frame prior to driving (Section 392.4)[1]
- Requirements to inspect loads at certain intervals (Sections 392.-7 through 392.9)
- Compliance with safety and other matters
- Documenting compliance with these matters (including HOS and record of duty status (“RODS”) through an electronic “log book” (referred to as an “Electronic Logging Device” or “ELD”).
We are available to represent drivers in situations involving non-compliance with the violations of these matters, as well as other matters pertaining to commercial driving.
CDL Speeding Ticket Representation
We have long represented motorists charged with speeding and other traffic violations in Washington County and other counties in Virginia. As such, we are familiar with the judges and prosecutors, and have had significant success in obtaining for clients significantly better outcomes than if they simply paid their fine, including the outright dismissal of all charges.
It is important for out-of-state commercial drivers to understand that in Virginia, speeding tickets for going over 81 mph actually constitutes a ticket for reckless driving. As a result, and because your livelihood depends upon your ability to drive, it is more important than ever to seek an experienced Washington County CDL attorney who can defend your rights and seek for you the best outcome possible if you’ve been charged with speeding or reckless driving.
In most cases, we are able to represent clients (including commercial drivers) in court in speeding matters without the necessity of a client having to appear. If this is your case, you won’t need to come back to Virginia for your hearing – we can take care of your matter on your behalf.
Alleged Weight and Safety Violations
Our firm also represents and defends commercial drivers charged with weight and safety violations. Both of these matters can involve a number of factors relating to compliance, as well as a number of defenses that can be made to prosecutors prior to a court date and also in court if a trial is to take place.
Once we know about your circumstances, we can determine with you the best way of proceeding with your case.
Alleged Record Keeping Violations and ELD Matters
As commercial interstate commercial drivers well know, the FMSCA Regulations require drivers to keep detailed logs to ensure compliance with HOS and RODS rules and other regulations. Formerly, much of this documentation was done by hand through paper logs. Today, FMSCA regulations normally require that all drivers use ELDs for documenting compliance instead of paper logs and manual recordings.[2]
Convictions for violating the FMCSA regulations, including falsification of ELD data by misusing the “personal conveyance” or “yard move” status, can be substantial. We work tirelessly to protect the rights of truck drivers and to prevent them from losing their license and subsequently their ability to earn a living on the road.
Reporting Traffic Convictions
Under Section 383.31 of the FMCSA regulations, interstate commercial drivers must notify their employer of a conviction for any traffic violation (other than a parking ticket), and under Section 383.33 drivers must also notify their employer of any license suspension. Failure to timely report these matters may lead to more serious consequences.
Seeking a Dismissal of All Charges or Other Favorable Outcomes
Under the FMCSA regulations, regulation violations can result in a number of penalties and sanctions, which can range from fines to drivers potentially being placed “out-of-service” (prevented from driving). In extremely egregious cases, it is even possible that trucking company officials can be sent to prison if prosecuted by the US DOT Office of the Inspector General (OIG) – normally this only occurs in cases involving extreme disregard for safety regulations.
Our goal in representing drivers is to secure a dismissal of charges and/or not guilty verdict whenever possible. In many cases, we are able to convince prosecutors that the evidence does not support continued prosecution of a case, and that all charges should be dropped. In other cases, as Washington County trial attorneys, we are able to secure not guilty verdicts at trial, or to negotiate a better result with prosecuting attorneys prior to trial.
Find out how we will work hard to get you the best outcome possible. Give us a call today for a free consultation and let us protect your rights and job.
[1] References are to sections contained in Title 49, Subtitle B, Chapter III, Subchapter B, Part 392 of the electronic Code of Federal Regulations. See https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&ty=HTML&h=L&mc=true&=PART&n=pt49.5.392#se49.5.392_15 for example.
[2] See https://eld.fmcsa.dot.gov/FAQ for more information.
