Out Of Service Order Violations

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GOT A TICKET?

Things To Consider After Receiving An Out Of Service Order Violation Ticket

man shrugging because he has no logbook to show

First things first

Make note of the court date on your ticket. This is the arraignment date. It is usually a few weeks out, but sometimes much sooner. You (our your attorney) will need to take action with the court on or before that date. If you miss that court date, the court will note that you failed to appear, issue a bench warrant for your arrest, suspend your driving privileges, and may add a second criminal charge for failing to appear.

driver making a false logbook entry in an ELD

Decide If You Want An Attorney

Do you want to handle this on your own, or do you want an attorney to do the heaving lifting? If you want an attorney, sooner is better than later. Most courts will only allow a case to go on for so long. If you delay on hiring an attorney, they may not have time to fully investigate your case.

A good attorney can be really helpful. They will:

  • Know the ins and outs of the law
  • Be familiar with the court and judge
  • Have a good working relationship with the prosecutor
  • Be a strong advocate for you
  • Save you time
  • Get the best outcome available.

Give us a call for a free, honest evaluation of your case.

WE HATE TICKETS TOO

We Fight Out Of Service Order Violation Tickets Throughout Arizona

What is an out of service order?

The Legal Definition

A.R.S. 28-5241(H)defines an out of service (OOS) order as:

A declaration by a specialty officer of the department or a law enforcement officer authorized pursuant to section 28-5204 that a driver, motor vehicle or motor carrier is out of service pursuant to this chapter.

In other words, an ADOT officer or any law enforcement officer may order a driver, commercial motor vehicle, or carrier out of service.

What Is An Out Of Service Order Violation?

Drivers and motor carriers can both receive tickets for violating OOS orders. If a driver continues to operate a vehicle, or a motor carrier requires a driver to continue operating a vehicle, without fixing the issue that caused the OOS order, someone is geting a ticket.

The law in Arizona states that:

A driver:

1. Shall not operate a commercial motor vehicle that is subject to an out-of-service order until all repairs required by the out-of-service order have been satisfactorily completed.

2. Who is subject to an out-of-service order shall not operate a commercial motor vehicle until the reason for the out-of-service order has been remedied.

A motor carrier shall not require or allow a driver:

1. To operate a commercial motor vehicle that is subject to an out-of-service order until all repairs required by the out-of-service order have been satisfactorily completed.

2. Who is subject to an out-of-service order to operate a commercial motor vehicle until the reason for the out-of-service order has been remedied.

See A.R.S. 28-5241(D) for the specific language of the law.

Our Record Speaks For Itself

  • Over 100 5-star reviews online
  • Over 2,200 cases completed
  • Experienced in over 160 courts in Arizona
  • 36 years of combined attorney experience

YOUR CASE IS OUR PRIORITY

Small Law Firm Attention, Big Firm Results

Most law firms dabble in traffic tickets, but traffic tickets are our focus. We know traffic law inside and out, we know our way around the MVD, and we are well respected in the dozens of courts we frequent. Let our knowledge and experience work for you.

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Traffic Law GuysExcellentTraffic Law Guys4.9 Based on 111 reviews fromSee all reviews review us onSean K.Sean K. ★★★★★ Sometimes mistakes happen and you need someone that knows the law to help you out. The Traffic Law Guys are the best. They devised a strategy and fixed a situation with the best possible outcome. Highly recommended!!!!Brother Woody B.Brother Woody B. ★★★★★ I contacted them via the webpage with questions related to a traffic ticket. I got a prompt and thorough response that contained very helpful information. That one exchange left me with adequate knowledge of the facts I needed to proceed with a strategy I was comfortable with. No charge and professional help! I would certainly come back next time and would feel comfortable trusting them to handle a case in the future if needed.kaan S.kaan S. ★★★★★ Highly recommend this firm. I got a ticket for going 112 mph at a 65 mph zone. The court that the ticket was issued from was Bagdad Yarnell Justice Court. This is probably the worst place you can get a ticket from. On top of that, I accidentally missed my court date. That was when I contacted Traffic Law Guys. They immediately got the arrest warrant removed, and took care of the legal process. I ended up having to pay a fine, and had to take a driving course. That was it. I am actually happy with that outcome, considering that there was a person in the same courtroom as me who got a jail sentence for speeding.Response from the ownerThank you Kaan! js_loader

Frequently Asked Questions

What are the penalties for a first out of service order violation?

Here, we are focussing on the consequences a driver could face found guilty for violating an OOS order.

Out of service order violations are criminal violations. However, these violations also carry civil penalties (higher fines) and a conviction requires disqualification of the driver’s CDL. The criminal and civil penalties, as well as the period of CDL disqualification escalate for subsequent convictions:

    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 our-of-service order violation. This means the driver is facing a class 2 misdemeanor, and the following possible consequences:

Criminal Conviction:

    • 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 (although unlikely).
    • Up to 2 years probation (although unlikely).

Civil Fines:

    • Mandatory fines of at least $2,500 for a first conviction pursuant to A.R.S. 28-5241(F), plus court fees and surcharges, which brings the total to nearly $5,000.
    • Additional fines of up to $500 pursuant to A.R.S. 28-5240(B).

There can also be collateral consequences:

    • Mandatory disqualification of CDL for 180 days for first time conviction.
    • 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

Penalties for a second or third conviction for violating an out of service order

For a second conviction, it is a class 1 misdemeanor instead of a class 2 misdemeanor. This carries the potential for higher fines and increased possibility of jail time. Additionally, a driver faces a 2 year CDL disqualification for a second conviction.

For a third conviction, it is a class 6 felony. A felony conviction means a loss of voting rights, the loss of a right to possess a firearm, as well as higher fines and more jail time. A third conviction also results in a 3 year CDL disqualification.

How do we fight an Out of Service Order Violation Ticket?

In defending against an OOS order violation charge, we are looking at two things:

Legal Arguments.

Is there a legal argument that the driver or motor carrier did not commit the alleged violation? Some possible arguments might include:

    • The issue that is the subject of the OOS order was in fact resolved.
    • The driver believed the issue that is the subject of the OOS order was resolved.

Details Specific To Our Client

Can we take advantage of our client’s history, background and character to help negotiate an improved outcome? We present our clients in the best possible light working to negotiate an improved outcome. A prosecutor may take into consideration things like:

    • A clean driving record
    • A history of community service
    • School or employment history
    • Other details that help explain what happened in a favorable light.

Some prosecuting attorneys are willing to consider an arrangement wherein our client can plead to a reduced charge (perhaps with no CSA points) or a civil charge, or participate in diversion that results in the charge being dismissed. Generally speaking, prosecutors are not looking to cause a driver to lose their job. There are unfortunately exceptions to this (I’m looking at you Maricopa County).

How many points is an OOS Order Violation?

The Arizona department of Transporation (ADOT), does not assess any points to a driver’s license (or Arizona record, if the driver’s license is from another state) for violating an out of service order. However, the driver’s CDL will be disqualified.

There are also CSA points associated with violating an out of service order if that violation is reflected on a driver vehicle examination report.

Will I have to appear in court?

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.

What if I don't live in Arizona?

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.

Will a conviction affect my job?

Probably, although this will depend on the policies of your specific employer. A conviction will result in the disqualifiction of a driver’s CDL for at least 180 days, so the driver will be unable to drive a commercial motor vehicle during that time. That may be a dealbreaker for an employer.

Will a conviction affect my immigration status?

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 out of service order 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. 

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

Can I set aside or expunge an out of service order violation conviction?

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. If a conviction is set aside, it means that the judge undoes the conviciton and dismisses the charge. This changes how the violation is reported on a background check, but does not remove the charge from one’s record entirely.

Arizona now has a process to seal criminal records, which goes a lot further than a set aside towards removing the conviction from one’s record. 

Note that neither a set aside or a sealing will clean up records with the Department of Transportation or FMCSA.

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