Brake Check Pranks Put Pro Drivers at Risk IT’S NO JOKE
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Road rage is on the rise. And unfortunately, it sometimes leads to professional truck drivers getting hit by unfair tickets.
An increasingly common prank on California highways is the brake check. This is an aggressive or careless driving maneuver in which a driver travelling in front of another vehicle — let’s say it’s a commercial truck — suddenly stops or sharply slows their car, forcing the truck driver to swerve or brake hard to avoid a collision. Some drivers do this because they think they were being tailgated and want to retaliate. Others are intent on committing insurance fraud — causing a crash so they can collect damages. Whatever the triggering event, if a highway patrol officer sees only the last part of the incident, they may cite the commercial truck driver for following too closely — a “serious offense” under Federal Motor Carrier Safety Administration rules, and a potential threat to the professional driver’s livelihood. When clients come to us for help after this type of incident, we look for evidence to determine the real reason the driver was following too closely. Was it actually a misjudgment by the driver, or a brake check by the driver in front of them? The stakes are high. A conviction on tailgating charges can lead to a heavy fine, points on a driver’s state record, higher insurance premiums, and a downgrade of a driver’s Compliance, Safety, and Accountability (CSA) score. The driver could even lose their job. A second conviction within three years triggers a 60-day disqualification from driving. That is why disputing these citations is absolutely essential. A skilled traffic attorney can challenge the citation, look for procedural errors in the arrest or ticketing process, negotiate reduced charges, and offer skilled guidance in navigating state and federal safety regulations. Unfortunately, brake checks and other crazy behaviors aren’t going away. More than 9 out of 10 respondents to a 2024 survey said they had witnessed an act of road rage, such as aggressive driving or honking at another driver in anger, and two-thirds said they had committed an act of road rage themselves. Don’t let this type of behavior jeopardize your career! Consult the experienced traffic attorneys at our firm to mount the strongest possible defense. We will be glad to meet with you for a free consultation to protect your rights!
“When I thought, ‘My foot slips,’ Your steadfast love, O LORD, helped me up. When the cares of my heart are many, Your consolations cheer my soul.”
PSALM 94:18–19
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