The Trucking Law segment is a monthly feature on Overdrive, in which we pose commonly asked questions from truckers and owner-operators to legal experts. In this installment, attorney Brad Klepper talks about how COVID-19 is impacting law enforcement. Find all Trucking Law installments via this link.
Q. With widespread shelter-in-place orders and fewer vehicles on the road, how has law enforcement been affected?
A. For truck drivers used to dealing with congestion, the noticeable reduction of four-wheelers – and, to a lesser extent, commercial trucks – is welcome relief. One way of interpreting the change would be that with fewer four-wheelers in play, trucks would receive more than their normal share of tickets. However, this doesn’t appear to be the case.
Highway law enforcement officers have a new reality. They are working with commercial drivers to ensure that essential goods and services are delivered. Sure, they may still write a citation and make an arrest where needed, but apparently fewer tickets are being written as everyone – trucking, enforcement and regulators – is pulling on the same rope. In fact, I know of a police department that’s offered to deliver food to a rest stop outside of town. Who would have thought we would see that a year ago?
Q. If I am issued a ticket, do I have to sign it?
A. A traffic ticket means nothing until it becomes a conviction. It’s primarily just the officer’s opinion that you violated the law. It is not proof, or even a piece of evidence. It’s only a note to the officer to help him have in court the information he had at the scene, such as your CDL number and name.
It’s also a note to you that you have a scheduled court date where you will be responsible for entering one of three pleas: You can plead guilty and pay the fine. Or, to avoid a guilty plea, which could be used against you should civil litigation arise, you can plead no contest and pay the fine. Finally, you can plead not guilty and either have a hearing or set a date for a hearing.
