Can CDL Tickets be amended?

[cj428mach]

I have an employee who committed a "serious violation" with a 20mph over the speed limit by the Kansas Highway Patrol. Our insurance company has a policy that they won't insure anyone with a ticket of 15mph over the speed limit so no amendment probably means loss of job.

The driver has worked for me for almost 4 years and has/had a clean driving record, so I called the local prosecutor to see if there was anything that can be done (amend the ticket to 14mph or change to a non moving violation) she said no that CDL tickets can't be amended and CDL drivers can't get diversion.

I then happened to be speaking to our company attorney about another matter and asked him if CDL tickets couldn't be amended. He said its not his expertise but he serves as a prosecutor in the town the ticket happened in and he regularly amends CDL tickets to 14mph in the exact same location my driver got ticketed. The only problem is my driver isn't going to that city court he's to go to district court so I'm not sure if things are different there. Our company attorney recommended my driver go see his partner that is an expert in traffic citations.

My driver isn't wanting to go see an attorney if there is 0% chance the ticket can be amended at the price of $250 an hour + $250 ticket. I feel bad for the guy as I honestly believe he didn't mean to break the law, he was traveling a 2 lane highway at the posted speed of 65mph, the speed drops to 45mph as you pass the outskirts of a very small town then returns to 65mph. He was cited for doing 65mph in a 45mph zone. So does anyone know if you can amend a CDL ticket?

Cliffs
*CDL driver was ticketed for doing 20mph over the limit and risks losing his job
*Been told by some that the ticket can't be amended on CDL's also been told they can be amended
*CDL driver doesn't want to see a lawyer and spend the money if theres 0% chance of amendment.
*CDL driver about to accept fate of job loss.

 

[DSG2003Mach1]

I don't thin it's a blanket thing for getting a ticket amended/dropped. The only universal thing I know of is that a CDL driver can't take class to keep it off his license.

He needs to fight this tooth and nail to get it dropped or amended, he's going to lose his job with you and his job options with a CDL will be extremely limited/non-existent.

 

[RedVenom48]

I have an employee who committed a "serious violation" with a 20mph over the speed limit by the Kansas Highway Patrol. Our insurance company has a policy that they won't insure anyone with a ticket of 15mph over the speed limit so no amendment probably means loss of job.

The driver has worked for me for almost 4 years and has/had a clean driving record, so I called the local prosecutor to see if there was anything that can be done (amend the ticket to 14mph or change to a non moving violation) she said no that CDL tickets can't be amended and CDL drivers can't get diversion.

I then happened to be speaking to our company attorney about another matter and asked him if CDL tickets couldn't be amended. He said its not his expertise but he serves as a prosecutor in the town the ticket happened in and he regularly amends CDL tickets to 14mph in the exact same location my driver got ticketed. The only problem is my driver isn't going to that city court he's to go to district court so I'm not sure if things are different there. Our company attorney recommended my driver go see his partner that is an expert in traffic citations.

My driver isn't wanting to go see an attorney if there is 0% chance the ticket can be amended at the price of $250 an hour + $250 ticket. I feel bad for the guy as I honestly believe he didn't mean to break the law, he was traveling a 2 lane highway at the posted speed of 65mph, the speed drops to 45mph as you pass the outskirts of a very small town then returns to 65mph. He was cited for doing 65mph in a 45mph zone. So does anyone know if you can amend a CDL ticket?

Cliffs
*CDL driver was ticketed for doing 20mph over the limit and risks losing his job
*Been told by some that the ticket can't be amended on CDL's also been told they can be amended
*CDL driver doesn't want to see a lawyer and spend the money if theres 0% chance of amendment.
*CDL driver about to accept fate of job loss.

Sounds like a small town's gimmick to generate revenue. Must mint cash from the citations. If he is a good employee and its worth it to keep him, maybe pay the consultation fee for the attorney to see what they say.

 

[BlckBox04]

Sounds like a small town's gimmick to generate revenue. Must mint cash from the citations. If he is a good employee and its worth it to keep him, maybe pay the consultation fee for the attorney to see what they say.

yep.
My insurance company is really strict with accidents and all my drivers have to try and maintain a clean license even in their personal vehicles. My of my best guys was flagged for an accident he had in his car about 3 years ago. I had to make him take an online course for the insurance to continue to carry him.

 

[R15393]

Idk about Kansas. But in Iowa, Wisconsin, Illinois and Ohio... Cdl tickets can and do get amended. As long as driver agrees to pay the fines and court costs (and sometimes an addition bs fee) it serves no purpose to take away the drivers ability to keep his job for a single speed ticket. I think most traffic tickets are just a revenue source for any given community. But to my knowledge of a Trooper writes a citation, that money goes into the entire state and not the specific region it was written in.

PS...25 years ago, you were able to take a silly 8 hour course to get your first ticket removed, assuming a 2nd one didn't occur within 12 months from first one. Regardless if you held a cdl or regular license.

 

[CobraBob]

I know nothing about the law in Iowa, but it certainly makes sense to fight it, especially if it means the loss of a job. If he decides to fight it, he definitely needs to bring on a lawyer. It's a cost, but he'll have a much better chance at getting the ticket amended with an attorney assisting. JMO.

 

[C2tuck]

I got popped twice while working in Kansas about 2 years ago. I simply called the court and talked to the prosecutor, told them I was a CDL holder and wanted to keep it off my record. One they downgraded it to a broken tail light and doubled my fine. I paid the $500. The second they added $300 to my fine and I paid almost $600. Both stayed off my record. It’s all a money game...that’s all it is.

 

[jshen]

A ticket is just an accusation- a formal charging document- that eventually will be settled either before court with an agreement between prosecutor (plea bargain) or by the judge. Tickets can, and are, amended all the time up until the call of the case.