Truck drivers are frequently and unfairly blamed for causing accidents, damaging roads, and violating thousands of regulations. Advertisements by injury attorneys cast CDL drivers as villains and loudly beg people to sue truck drivers. A bullseye is squarely on your chest.
South Texas is a busy place for truckers, and law enforcement more than matches the traffic volume. Inspection rates in South Texas counties consistently rank near the top in all of Texas. DPS Weigh stations in Hidalgo County, Cameron County, Brooks County, and Kleberg County generate many of the tickets issued.
Local governments target commercial drivers to supplement their budgets. Judges rarely doubt any accusation against a driver. Ticket quotas are illegal, but law enforcement officials use coded phrases like required "safety contacts” to hide their true goals. They saddle drivers with so many citations it almost seems like a sport, and they want to run up the score.
Many employers have absolutely no loyalty to drivers, firing them the very moment they submit a ticket to the safety department. They don't care whether the driver is guilty of any wrongdoing, and they don't even wait for the outcome of the ticket.
Drivers are people. They have families. They have bills. They try their best to get by and do well. All too often, they seem to be all alone.
CDL Drivers Like Need a Lawyer Who Knows How to Protect Their Jobs
Phillip W. Goff has spent 30 years defending thousands of professional drivers. Hundreds of his satisfied clients have posted 5-star reviews online, and other lawyers rate him “preeminent” in his field for expertise and ethics.
Truck drivers need legal help on a more regular basis than virtually any other occupation. A ticket may lead to a fine, suspension, or CSA points, unless the driver retains a Texas CDL lawyer who has extensive experience defending truckers. Simply paying the fine won’t make the matter go away and may ruin a driver’s career.
Suppose you are a commercial driver and you have just received a moving violation in Texas. Whether you work for an employer or yourself, your commercial driver license certifies that you meet the requirements to drive a commercial vehicle for a living. Your driving record is your resume. Your CSA score is your reference. Moving violations blacken and tarnish them all.
Laws against professional drivers are ludicrously harsh and unreasonable. Even paying court costs on a dismissal qualifies as a conviction. The Texas Transportation Code Section 522.003 defines a conviction with a very low threshold of guilt:
“An adjudication of guilt, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or the violation of a condition of release without bail, in a court, regardless of whether the penalty is suspended, probated, or rebated…”
The Legislature has written the law to work overwhelmingly against commercial drivers. In simple terms, a conviction may ruin your career or your driving business, so it is critical to avoid convictions from appearing on your record.
Often, a commercial moving violation leads to automatic termination of employment. Many employers fire drivers as soon as the safety department learns a ticket was issued. To them, it doesn't matter that a ticket eventually gets dismissed. A conviction may preclude future employment. If you can get a job, that same conviction may force you to take an inferior, lower-paying, undesirable job. If you are an owner-operator, you’ll have to deal with increased premiums for years. Switching insurance providers won’t help.
After reading the above information, you may still ask yourself whether defending yourself in court is an option. You should first ask yourself the following:
Unless you can answer yes to all the above questions, you will almost certainly lose and face the dire consequences.
Hire a lawyer who knows the road you travel, someone who has helped THOUSANDS OF CDL DRIVERS. Choose carefully. Your livelihood depends upon it.
To find a qualified CDL attorney, you need to do a little homework. Not all attorneys are right for your situation because they may not be equipped to defend a CDL violation. A qualified CDL lawyer must answer yes to all the questions posed above. But there are some other important considerations.
The attorney you need for your case must be able to demonstrate familiarity with the legal consequences of a moving violation for a commercial trucker. A qualified lawyer should know about the Code of Federal Regulations and the Federal Motor Carrier Safety Administration, as well as how they interact.
Your lawyer should associate with fellow professionals whose practices feature significant CDL defense, like Traffic Lawyers of Texas.
Non-moving violations can also damage your prospects with your current employer, prospective employers, and insurance carriers. You should consider finding an attorney to defend you against:
“If you think it’s expensive to hire a professional to do the job, wait until you hire an amateur.”
– Red Adair
If a lawyer has special knowledge, experience, and skill, you’re getting more value than what an inexperienced lawyer can provide.
Some lawyers may charge a few hundred dollars, some a few thousand. The lawyer charging you the lowest price may conceal a desperation for clients, a bad reputation, or a lack of experience. The lawyer charging you the highest price might be trying to take advantage of you.
Your situation, including the place you received your ticket, the court where it was filed, the prosecution’s attitude, and whether you want a contested trial are factors that can affect how much you must pay. A good lawyer should understand effective legal strategy, comprehend your predicament in legal terms, and defend your interests for the long term.
Attorney Phillip W. Goff understands your predicament, the law, the court procedures, and charges a reasonable fee: and above all, he strives to be a consummate professional.
The Law Office of Phillip Goff has extensive experience in many Texas counties, particularly in the southern half of Texas.
Regrettably, many jurisdictions take advantage of the bind professional truck drivers are in when they receive citations because traveling across the country to attend court may be impossible. Texas law does not grant exceptions for out-of-state commercial drivers. Texas often does allow lawyers, however, to appear in court on your behalf, perhaps eliminating the need to travel to court.
Texas experienced an oil boom not long ago felt around the world, due to the oilfield practice of “fracking”. In 2013, the Texas Legislature was hounded by many local governments whose roads were being pulverized by commercial trucks transporting extraordinary weights, due to the oilfield traffic. Predictably, laws were passed to accuse drivers who were doing nothing more than what their jobs required them to do, rather than go after the companies requiring the drivers to drive the trucks. The result: drivers faced massive fines for pulling overweight loads while the companies were spared.
| Gross Weight | Fine |
| 1-2,500 pounds overweight | $100-$500 |
| 2,501-5,000 pounds overweight | $500-$1,000 |
| 5,001-10,000 pounds overweight | $1,000-$2,500 |
| 10,001-20,000 pounds overweight | $2,500-$5,000 |
| 20,001-40,000 pounds overweight | $5,000-$7,000 |
| Over 40,000 pounds overweight | $7,000-$10,000 |
| Axle Weight | Fine |
| Up to 2,500 pounds over | $100-$500 |
| 2,501-5,000 pounds over | $500-$1,000 |
| 5,001 pounds over and more | $1,000-$2,500 |
Fines can double for those with prior convictions.
Fines like these are staggering. Fighting these kinds of cases requires a great deal of effort because the stakes are very high.
Few things are worse for a commercial driver than being arrested for drunk driving or Driving While Intoxicated (DWI). There are no easy answers, and you are in for the fight of your life.
A DWI (also called DUI in other states) has multiple consequences. Even if the criminal case turns out favorably, your license could take a huge hit.
Special laws address how commercial drivers are treated when being processed after a DWI arrest. Regulations specific to commercial drivers’ licenses apply, apart from suspensions. For example, you may be able to use your driver license to continue to drive your personal vehicle, but you may be disqualified from driving a commercial motor vehicle. You need to be represented by a lawyer familiar with DWI representation for both situations.
If you have a CDL and a citation, you should call him immediately.
Disclaimer: No guarantees can be made as to the outcome of any case, no matter what the client pays.
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