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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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I had a lawyer who plea bargained two 3 point traffic tix

Resolved Question:

I had a lawyer who plea bargained two 3 point traffic tix down to one 2 pt tix.However,both violations were for a CDL vehicle,and the plea bargain and my driver abstract states a non-CDL convictions.Is this a harmless error?
Submitted: 6 years ago via ExpertLaw.
Category: Legal
Expert:  JB Umphrey replied 6 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

Have you discussed your concern with your attorney?

JB Umphrey :

Are you suggesting that you want this to be reflected on your driving record as a CDL violation?

Expert:  JB Umphrey replied 6 years ago.
I will be happy to attempt to assist you when you're able to reply to the follow-up question. Thanks!
Customer: replied 6 years ago.

I have not discussed this with my attorney.


To further clarify the situation.On the original tix although the officer recorded the information from the registration and insurance card accurately,in the space indicating the type of vehicle he circled class 5 vehicle,not a commercial vehicle. When attorney had the tix reduced this indication was not corrected.So that now my driver abstract shows a non commercial violation.


My point is does this constitute any grounds for an appeal, or would this be considered a harmless error?

Expert:  JB Umphrey replied 6 years ago.
A negotiated plea agreement does not provide grounds for an appeal.

The errors that you've described, if they are errors at all, are only clerical in nature.

For what it's worth, most attorneys will attempt to negotiate CDL violations to non-CDL offenses in attempt to prevent further hard to the CDL license.

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!
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