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Commercial Motor Vehicle Traffic Enforcement
Judicial Involvement
Involvement of judges and prosecuting attorneys is a key element in the overall success of any CMV traffic enforcement program. Enforcement efforts can be weakened by inadequate prosecution by attorneys or judges who withhold adjudication or assess minimal penalties on drivers who commit serious moving violations. It is essential that program managers educate and inform prosecuting attorneys and judges to make them aware of the importance of effective adjudication of cases. Prosecuting attorneys and judges are sometimes focused on more serious criminal cases and often regard traffic enforcement cases as inconsequential. Also, they may be reluctant to take action that could jeopardize the violator’s commercial driver’s license because they believe they are removing the violator’s ability to remain employed. However, they often lose perspective on the serious ramifications that usually accompany a crash involving a CMV, particularly one transporting hazardous materials. Law enforcement agencies and program managers should stress the seriousness of the violations during any interaction with prosecutors and judges.
| Traffic law enforcement managers and line officers generally agree that an effective CMV enforcement program involves the use of unmarked or unconventional vehicles. |
Basic CMV Enforcement Programs Summary
Note: No answers are provided, because these are State-specific.