Will a specific traffic ticket received in Texas go on my out of state CDL license??

[mistman23]

What is the name of your state (only U.S. law)? Arkansas

I received a ticket for illegal use of a cell phone in a school zone in Texas. I'm a CDL holder but was in my was in my personal vehicle when ticketed. I was changing podcast but not talking or texting on the phone. Regardless the phone was in my hand so I violated the statute. I googled this Texas statute and it is a 3 point violation in Texas as well as a moving violation. However in my home state of Arkansas this is only a secondary offense and is a non moving violation.

When this is reported to my home state of Arkansas what will be put on my mvr? Will it be a moving violation or not? Any chance it will not go on my mvr?

This is really bothering me, I made a mistake and I know it. Other than this my record is clean. I dread reporting this to my employer because I haul gasoline for a living and obviously have to be very safe.

Any and all knowledgeable info is appreciated.

 

[quincy]

What is the name of your state (only U.S. law)? Arkansas

I received a ticket for illegal use of a cell phone in a school zone in Texas. I'm a CDL holder but was in my was in my personal vehicle when ticketed. I was changing podcast but not talking or texting on the phone. Regardless the phone was in my hand so I violated the statute. I googled this Texas statute and it is a 3 point violation in Texas as well as a moving violation. However in my home state of Arkansas this is only a secondary offense and is a non moving violation.

When this is reported to my home state of Arkansas what will be put on my mvr? Will it be a moving violation or not? Any chance it will not go on my mvr?

This is really bothering me, I made a mistake and I know it. Other than this my record is clean. I dread reporting this to my employer because I haul gasoline for a living and obviously have to be very safe.

Any and all knowledgeable info is appreciated.

Ahh. Another CDL holder with driving issues. Odd how Texas factors into both recent threads.

First, here is a link to your old thread on a speeding violation in Texas and its possible effect on your CDL (I am sorry that no one responded to your concern in 2005):
https://forum.freeadvice.com/speeding-other-moving-violations-13/cdl-help-please-221140.html

And here is a link to the Model Commercial Driver License Manual: https://static.ark.org/eeuploads/asp/cdl_manual_2003.pdf

Although the Manual is from 2003 and there have been a few changes since that time, what follows is the same in 2017 as it was in 2003. As a CDL holder, you must notify your employer within 30 days of a conviction for any traffic violation (other than parking tickets) and you must notify your motor vehicle license agency within 30 days if you are convicted in any other jurisdiction of any traffic violation (other than parking tickets).

You can check out Section 1.2, Other CDL Rules.

Good luck.

 

[mistman23]

I actually was able to get a deferred adjudication on that 2005 speeding ticket. They had a loophole in Texas that a CDL holder could still get a deferred adjudication if it was apealed to district court(out of JP court).
That loophole was closed last year. Now in Texas in 2017, all you can do is have the violation changed to something non-moving(e.g. parking ticket), something less serious, or get it dismissed. I highly recommend getting an attorney's assistance. It may cost you $250 or so, but it is worth it in the long run.

 

[quincy]

I actually was able to get a deferred adjudication on that 2005 speeding ticket. They had a loophole in Texas that a CDL holder could still get a deferred adjudication if it was apealed to district court(out of JP court).
That loophole was closed last year. Now in Texas in 2017, all you can do is have the violation changed to something non-moving(e.g. parking ticket), something less serious, or get it dismissed. I highly recommend getting an attorney's assistance. It may cost you $250 or so, but it is worth it in the long run.

I think you would be smart to take your own recommendation,mistman23, and get an attorney's assistance. Good luck.

 

[mistman23]

I have hired a CDL attorney....but he and seemingly no one else knows what effect a cell phone ticket in a PERSONAL vehicle has on CDL holder's employment prospects. If this ticket was in a commercial vehicle you are done/unemployable. I need to know the consequences to see how much money it is worth spending to fight the ticket if I am not offered a deal at the JP court level. I have spent countless hours Googling this and cant find a definitive answer. Thank you.

 

[quincy]

I have hired a CDL attorney....but he and seemingly no one else knows what effect a cell phone ticket in a PERSONAL vehicle has on CDL holder's employment prospects. If this ticket was in a commercial vehicle you are done/unemployable. I need to know the consequences to see how much money it is worth spending to fight the ticket if I am not offered a deal at the JP court level. I have spent countless hours Googling this and cant find a definitive answer. Thank you.

The CDL attorney you hired is unable to find out for you what effect the cell phone ticket will have on your CDL? Interesting.

Following is a link to the US Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA). The cell phone ticket you received will be reported so your employer will, or should, know of its existence. In fact, you are required to report the ticket yourself.

https://www.fmcsa.dot.gov/registration/commercial-drivers-license/states

I cannot tell you if it will be worth your time or the expense to fight the Texas ticket. A Texas traffic attorney probably will be your best source for that information. And I think the best way for you to find out what effect the Texas ticket will have on your CDL license is to directly ask the licensing agency in Arkansas. I am a bit surprised that your Arkansas attorney did not do this for you. I believe, but am not sure, that Arkansas will find the closest comparable law in Arkansas to the law under which you were ticketed in Texas when assessing the ticket's effect on your CDL. Again, however, the licensing agency should be able to confirm whether this is true or not.

I am afraid that I have no definitive answers for you and I am not convinced you will find any (reliable) definitive answers on the internet. Sorry.

 

[HighwayMan]

...no one else knows what effect a cell phone ticket in a PERSONAL vehicle has on CDL holder's employment prospects.

That would be up to an employer or prospective employer.

Even if a conviction does not affect your license, an employer might find it objectionable.

 

[mistman23]

My employer is a small carrier and wont really care at all. I don't believe it will get my CDL suspended either. WHO I THINK MIGHT HAVE THE MAJOR PROBLEM IS MY EMPLOYERS INSURANCE CARRIER. They can simply say they wont cover a cell phone ticket of any kind on a drivers mvr.

 

[mistman23]

Charge got ammended to defective equipment by city attorney/prosecutor which is a non-moving violation. Don't have to report non-moving violations. Everything worked out. 99% sure the only reason I had such positive results is because I hired a lawyer.

 

[quincy]

... 99% sure the only reason I had such positive results is because I hired a lawyer.

Lawyers are known to be helpful at times.

I am happy that things worked out for you. Thanks for the update.