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DOT Warnings vs Violations
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This is a video trying to explain, in a rambling and semi-coherent manner, the difference between a warning and a violation. I am NOT an attorney, nor do I claim to be, therefore consult an attorney before attempting to take any issues to the courts. That being said...the point of the video is that even though the DOT officer gives you a warning, there are still CSA points given to the company and the violation is still placed on your driver PSP report and recorded with the FMCSA. A warning is basically the same as the citation, minus the points on your license and monetary fine.
The warning can not be appealed in court, as there isn't anything to appeal. No citation, no action to appeal. However...as I said about the CSA points and PSP report with the FMCSA, the violation is recorded and placed on your record in the system. You are able to appeal the violation that the warning was issued for through the FMCSA's DataQ system. However, you are unlikely to have the points removed as the original violation is normally correct and factual. This is why I say that if the violation is inaccurate, that it is much better to have the ticket written, as that is appealable in court, than to have the warning issued. This is not legal advice, however, this is simply my opinion. Once again...consult with an attorney before taking any legal action.
The warning can not be appealed in court, as there isn't anything to appeal. No citation, no action to appeal. However...as I said about the CSA points and PSP report with the FMCSA, the violation is recorded and placed on your record in the system. You are able to appeal the violation that the warning was issued for through the FMCSA's DataQ system. However, you are unlikely to have the points removed as the original violation is normally correct and factual. This is why I say that if the violation is inaccurate, that it is much better to have the ticket written, as that is appealable in court, than to have the warning issued. This is not legal advice, however, this is simply my opinion. Once again...consult with an attorney before taking any legal action.
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