Alabama Traffic Ticket Lawyer – CDL Federal Masking – 49 §CFR 384.226 – Discussion of Scenarios

CDL Traffic Ticket Attorney in Alabama – Joseph C. Kreps – Discusses the Various Scenarios Concerning CDL Federal Masking – 49 §CFR 384.226 – by Missouri Department of Revenue to the Federal Motor Carrier Safety Administration Concerning Masking.   If you have been charged with speeding, reckless driving, eluding the police or any other traffic related offense, call us to learn more – (866) 348-2889 or visit www.TrafficTicketAttorneyinAlabama.com.

From dor.mo.gov :
Situation #3: CMV operator issued traffic citation for “Improper lane change in a CMV”. Prior to the citation being filed with the court the prosecutor determines to only file the charge as a “defective muffler”. Final conviction is for “defective muffler” and that is the only charge ever signed by the prosecutor or filed with the court.

Response) FMCSA: This practice is not in violation of 49 §CFR 384.226 because the violation was reduced before a judgment of guilt was pronounced. Before we can apply the conditions in 49 §CFR 384.226 to determine whether masking has taken place, there has to be a judgment of guilt (conviction) for a violation. The masking provision in 49 CFR §384.226 do not prevent plea bargaining from taking place.

Situation #4: CDL holder is issued a traffic citation for “Excessive Speed” in private vehicle (speeding 75 mph in 60 mph zone). After original charge is filed with court, prosecutor amends original charge to “Speeding 65 mph in a 60 mph zone”. Final conviction is for Speeding 65 mph in a 60 mph zone.

Response) FMCSA: This practice is not in violation of 49 §CFR 384.226 because the violation was reduced before a judgment of guilt was pronounced. Before we can apply the conditions in 49 §CFR 384.226 to determine whether masking has taken place, there has to be a judgment of guilt (conviction) for a violation. The masking provision in 49 CFR §384.226 do not prevent plea bargaining from taking place.

Statewide Alabama CDL Commercial Driver License Speeding Ticket Defense Lawyer Joseph C. Kreps spends many hours per week traveling to all ends of the State of Alabama defending those charged with traffic violations in Alabama. Many of the videos on this channel were filmed during that time – these videos are not meant to wow you with the spectacular nature of the video but they are meant to be informative to you. They are informational and educational videos and are not advertisements. The intent here is to give you information about all aspects of your speeding ticket case and answer questions you have about your case.

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

 

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