How to Handle an Overweight Citation?!

Maria B.
Aug 3, 2024
3 min read

Updated: Jul 31

Reasons to Avoid Hiring an Attorney.

Receiving an overweight citation can be stressful, but knowing how to handle it can make a big difference.

Here are some steps you can take:

1. Review Your Citation

Check for Errors: Ensure that all information on the citation is accurate. Look for errors in details such as the recorded weight, location, and date of the violation. Any discrepancies can be grounds for contesting the ticket.
Understand the Violation: Clearly understand what the citation is for—whether it's due to an axle weight issue, a gross weight violation, or another factor.

2. Contact the Court

Get in Touch: Contact the court listed on your traffic ticket as soon as possible. The court's contact number will be on the citation, and they can provide guidance on how to proceed with your case.
Request Fine Reduction Information: Ask the court about their procedures for requesting a fine reduction. They may allow you to submit your request via email, fax, or mail, or they may require an in-person appearance.
Payment Options: If you are facing financial hardship, inquire about payment options and make sure to mention this in your communication with the court. Ask if they offer installment plans or other arrangements to ease the financial burden.

3. Write a Letter to the Court

A well-crafted letter can be an effective way to request a reduction in your fine:

Express Remorse: Acknowledge the mistake and express your commitment to compliance in the future.
Explain the Circumstances: Clearly explain the situation that led to the violation, such as being unable to access a scale or miscommunication with the shipper. Be honest and provide any supporting documentation.
Highlight Financial Hardship: If applicable, explain your financial situation and request a specific reduction in the fine, typically around 25%.
Offer Payment Plans: If you cannot pay the fine in full, suggest a payment plan and explain how it would help you manage the financial impact.

4. Should You Hire an Attorney?

While hiring an attorney for an overweight citation might not always be necessary, it can be beneficial in some situations:

Complex Cases: If the citation could impact your career or if there are complex legal issues involved, consulting an attorney can provide valuable insights and representation.
Legal Advice: An attorney can advise you on the best course of action, whether it's contesting the citation, negotiating the fine, or seeking alternative resolutions.
Contact CDL Protect: driver-focused but fleet-aware network of attorneys that are specializing in Traffic Law, FMCSA and DOT Regulations (www.cdl.club).
Cost Considerations: Consider the cost of hiring an attorney versus the potential savings from a reduced fine. In many cases, the expense may outweigh the benefits, but each situation is unique.

Conclusion

So, should you get an attorney to fight the overweight citation? Ultimately, it's up to you. However, in most cases, you can achieve similar results by sending a well-written letter to the court. Typically, drivers can expect a discount between 20% and 30% from the original charge. Be proactive, communicate clearly, and follow the steps outlined above to manage your situation effectively and minimize the financial impact of overweight citations.

By understanding the process and knowing how to navigate the system, you can protect yourself from the financial strain and ensure your trucking career stays on track.