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Can a paid overweight ticket affect or go on a cdl drivers

Resolved Question:

Can a paid overweight ticket affect or go on a cdl driver's driving record irrespective of the number of pounds the truck axles may be overweight?
Submitted: 4 years ago.
Category: Legal
Expert:  Juliana replied 4 years ago.

Hello,

 

I am a licensed attorney and former prosecutor (4 years). During my years as a prosecutor, I handled many cases that involved trucks and individuals with CDLs.

 

Here is the statute that pertains to load law violations in Missouri:

 

Violation of load law a misdemeanor--penalty.

304.240. Any person, firm, corporation, partnership or association violating any of the provisions of sections 304.170 to 304.230 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than five dollars or by confinement in a county jail for not more than twelve months, or by both the fine and confinement; provided, however, that where load limits as defined in sections 304.180 to 304.220 have been violated, the fine shall be two cents for each pound of excess weight up to and including five hundred, and five cents for each pound of excess weight above five hundred and not exceeding one thousand, and ten cents for each pound in excess weight above one thousand; provided that, when any vehicle is being operated under a special permit as provided in section 304.200, the term "excess weight" means only weight in excess of the amount permitted in the permit as issued. The court may, in its discretion, cause to be impounded the motor vehicle operated by any person violating the provisions of this section until such time as the fine and cost assessed by the court under this section is paid.

 

As stated in this law, any person, firm, etc. who is convicted of a violation of the load law in Missouri is guilty of a misdemeanor. If the citation was made out to you, it will go on your driving record as a misdemeanor conviction. But, with respect to your Missouri CDL, points will not be assessed against your license for an overweight violation. Points are only assessed for moving violations (e.g., speeding, no license, failure to yield, DUI, etc.), not for an overweight violation. Here are the points violations under Missouri law:

 

http://dor.mo.gov/mvdl/drivers/forms/899.pdf

 

Hope this helps,

Juliana

 

 

 

 

 

Juliana, Attorney
Category: Legal
Satisfied Customers: 1651
Experience: 23 years of experience; former prosecutor, magistrate, child support attorney
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