No ELD and Log Book Violation Tickets

Log book violations are criminal violations according to A.R.S. 28-5240, which states:

A. In addition to civil penalties imposed under this chapter, a motor carrier, shipper or manufacturer who operates or causes to be operated a commercial motor vehicle in violation of this chapter or who knowingly violates or knowingly fails to comply with any provision of this chapter or with any rule adopted pursuant to this chapter is guilty of:
1. A class 2 misdemeanor for a first offense.
2. A class 1 misdemeanor for a second offense.
3. A class 6 felony for any subsequent offense.

For the vast majority of cases we see, the driver is facing a first-time log book violation. This means the driver is facing a class 2 misdemeanor, and the following possible consequences:

• Class 2 misdemeanor criminal conviction.
• Fines up to $750 plus surcharges and court assessments that could nearly double the total fine
• Up to 4 months in jail.
• Up to 2 years probation

For the majority of people, if they are found guilty the consequences include:

• Class 2 misdemeanor conviction.
• Fines in the $300-$600 range
• No jail, no probation.

There can also be some collateral consquences:

• A conviction can impact a driver’s employment
• Immigration issues
• CSA points for the driver’s employer
• Having to disclose a criminal conviction on job applications

This is a two-part answer.

Log book violations are charged under the code of federal regulations (CFR), and not the Arizona Revised Statutes. Also, log book violations aren’t technically moving violations. As a result, the Arizona department of Transporation (ADOT), does not assess any points to a driver’s license.

However, there will be CSA points assessed (assuming there was an inspection that occurred at the same time the ticket was issued). Falsifying a log book is 7 points. Failing to keep a log book is 5 points. 

CSA points age, so as time passes, the points decrease.

A false logbook violation is 7 points. These points are subject to a time multiplier. For a violation that is less than 6 months old, the points are multiplied by 3. A 5-month-old false logbook violation would be 21 points.

Violations that are more than 6 months old but less than 12 months old are multiplied by 2. A 9 month old false logbook violation would be 14 points.

Violations that are more than 12 months old but less than 24 months old are multiplied by 1.

For violations older than 24 months, the points are not counted.

Three to four months is usually a good estimate of time.

If you hire an attorney, your attorney can often attend court without you. Some courts require that a defendant attend pretrial conferences, but this is the exception rather than the rule. We represent many clients from out-of-state who never return to Arizona or attend court in-person. If you decide to enter into a plea agreement, it is possible you will have to appear by phone once. If your case goes to trial, you will almost certainly need to attend the trial in person. You can discuss whether or not your presence is necessary with your attorney.

Most courts will let you appear by telephone for court appearances other than a trial. Some courts may require you to make this request in writing, others not. If you live out of state, call the court and ask them about their policies regarding telephonic appearances. If you have an attorney, your attorney can take care of this. If your case ends up going to trial, you will need to come back to Arizona for the trial. If your case is resolved without going to trial, you probably won’t need to physically return to Arizona.

It depends.

A single log book violation is not going to impact your legal ability to drive. However, depending on the policies of your particular employer, it could impact your job.

To expunge something means to make it dissappear entirely. Arizona only permits expungement in very limited circumstances. This is not one of those circumstances.

Arizona does have a mechanism to set aside convictions however. If the court sets aside a conviction, it means that the judge undoes the conviciton and dismisses the charge

The answer to “can you set aside a log book violation conviction” is “there is a good chance you can.” See our page about setting aside convictions for more details.

Arizona also has a mechanism to seal criminal records. This goes much further than a set aside towards removing a criminal conviction from one’s background.

Note however that any sealing or seting aside of a conviction does not affect what has been reported to ADOT and FMCSA.

Maybe. We always advise our clients to consult with an immigration attorney to get a definitive answer to this question. Keep in mind though that a log book violation is not like assault, fraud, theft, burglary or any crime that involves a victim. Also, it does not involve alcohol, drugs or guns, all of which will create major problems for immigration. If the charge involved intentionally making a false entry, this would probably be worse than simply failing to maintain a log. This is because making a false entry on purpose implies some dishonest motive, wherease failing to keep a log could be just an oversight.

In another post, we discuss potential immigration consequences with immigration attorney Jessica Cadavid.