At The Law Office of Siara Ossa, PLLC, we don’t just show up to court—we win cases before they even get there.
In a recent case out of Broome County, Dickinson Town Court, we secured a full dismissal of a Commercial Driver’s License (CDL) ticket on motion—protecting our client’s livelihood and driving record.
The Charge
Our client, a CDL driver, was issued a traffic ticket for Operating a Commercial Motor Vehicle while using a portable electronic device in violation of Vehicle and Traffic Law § 1225-D
For CDL drivers, this type of charge is serious. Unlike regular drivers, CDL holders face:
- Stricter federal regulations
- Limited plea bargaining options
- Potential employment consequences
The Problem with the Prosecution’s Position
In this case, the prosecution took the position that the driver was not eligible for a reduced plea based on federal “Anti-Masking” CDL regulations. Specifically, they attempted to rely on federal rules that restrict plea bargaining for CDL holders. But here’s the issue: Defense attorneys maintain the position that those federal regulations apply only after a conviction, not before. Therefore, they do not apply to CDL drivers who have pending traffic tickets.
The Defense Strategy
We filed a motion challenging the prosecution’s position and arguing:
1. Misapplication of Federal Law
The prosecution relied on federal regulations (49 C.F.R. §§ 383.5 and 384.226), claiming they prevented plea reductions.
We argued:
- These regulations do not apply pre-conviction
- They regulate post-conviction consequences, not charging decisions
The Court agreed.
2. Procedural Failure by the Prosecution
After filing the motion, the prosecution failed to respond. This is critical.
In New York traffic cases, especially in local courts, procedural defaults matter—and they can win cases.
The Result: DISMISSED
The Court held that the prosecution failed to respond in a timely manner, and as a result, the motion was granted resulting in:
✅ Ticket dismissed
✅ No conviction
✅ CDL protected
Why This Matters for CDL Drivers
CDL tickets are not like regular traffic tickets.
Even a single conviction can lead to:
- Points on your license
- CDL disqualification
- Job loss or difficulty finding work
And many drivers are told:
❌ “You can’t fight this”
❌ “You have to plead guilty”
That’s simply not true.
Key Takeaways
This case highlights three critical points:
🔹 1. CDL Tickets CAN Be Fought
Just because you hold a CDL does not mean you have no options.
🔹 2. Prosecutors Get It Wrong Too
Misapplying federal law is more common than you’d think.
🔹 3. Motions Win Cases
You don’t always need a trial to win—strategic motion practice can end a case entirely.
Got a CDL Ticket in New York?
If you’re a CDL driver facing a ticket anywhere in New York—including Nassau, Suffolk, or upstate courts, you need to protect your license and your career.
At The Law Office of Siara Ossa, PLLC, we:
- Fight CDL and traffic violations aggressively
- Challenge improper charges and legal errors
- Use motion practice to win cases early
📍 Based on Long Island – Handling cases statewide
⚖️ Former Public Defender with thousands of cases handled
Contact Us Today
Don’t risk your CDL.
A ticket is not just a ticket—it’s your livelihood.
📞 Call today for a consultation and let’s fight it the right way at 347-733-5612 or email us at siara@ossalawny.com.