Criminal Defense Lawyers

Trucking Company Federal Violations

When Federal Violations Threaten Everything You Built

The letter from FMCSA says you have 30 days to respond. Your operating authority is at risk. Your insurance company is calling. And your supposed to be running a trucking company, not fighting the goverment. Look, here’s the deal—your facing something that could end your buisness, and alot of company owners don’t even realize how serious this is untill its to late.

Federal trucking violations ain’t like state traffic tickets. This is the Federal Motor Carrier Safety Administration, the Department of Transportation, and sometimes even the Department of Justice getting involved in you’re operation. One violation notice can turn into hundreds of seperate charges. The fine that started at $1,100 can become $250,000. And if there was a accident involved, you might be looking at criminal prosecution, not just civil penalties.

What You’re Actually Facing: Federal vs. State vs. Criminal

First thing you need to understand—and I mean really understand—is what type of violation your dealing with. Because the differance between a state violation and a federal violation is the difference between paying a fine and loosing your entire company. And the difference between a civil federal violation and a criminal investigation is the difference between fines and prison time.

State violations happen when a state trooper pulls over you’re driver for speeding, a broken taillight, or other traffic offenses. These go to state traffic court. Your driver might get points on their CDL. The company might get fined. But its not FMCSA involvement. Its not DOT enforcement. Your operating authority ain’t at risk.

Federal civil violations are what most trucking companies face. These come from 49 CFR Part 390-399—the federal motor carrier safety regulations. FMCSA issues these violations based off roadside inspections, compliance reviews, audits, or investigations. The violations get entered into you’re Safety Measurement System (SMS) scores. The rules is complex, the penalties add up fast, and irregardless of what you think is fair, FMCSA has the power to revoke your operating authority.

Federal criminal violations are what happens when DOJ gets involved. This ain’t regulatory enforcement no more. This is the Department of Justice prosecuting you personally. Company executives get indicted. Personal assets are at risk. Prison time is on teh table. And here’s what alot of people don’t realize: the same conduct that starts as a civil violation can become a criminal case if there’s a pattern of violations, if someone got hurt, or if the goverment thinks you was deliberately ignoring safety rules.

So how do you know which one your facing? Look at who sent you the notice. If its a state court summons with a case number, thats state. If its FMCSA letterhead talking about SMS scores and operating authority, thats federal civil. If its from a U.S. Attorney’s Office or says “criminal investigation,” you need a criminal defense attorney immediantly, not a regulatory compliance consultant.

Here’s the thing most people miss: violations can shift categories. What starts as a state citation can get picked up by FMCSA and become a federal violation. What starts as a civil enforcement action can get refered to DOJ if the violations are bad enough or if there was a fatality. The lines ain’t as seperate as they should be.

The First 72 Hours: Critical Decisions You Can’t Undo

Your in panic mode right now. I get it. You got the notice, you’re situation just went from running a trucking company to dealing with federal enforcement, and you don’t know if you should call an attorney, call FMCSA, call your insurance company, or just ignore it and hope it goes away. Here’s what you need to know: the first 72 hours matter more then anything else.

Bottom line—some of these deadlines say 30 days, but the effective response window is way shorter. Here’s why. Your SMS scores are already public. Like, right now. Before you even recieved the notice, FMCSA already entered the violation into the public database. That means your insurance company probly already knows. Your broker partners definately know if they’re checking SMS scores regularly. Your competitors know. Plaintiff attorneys who specialize in trucking accidents know. The idea that you have 30 days to figure this out is technically true for the formal response, but the business damage is happening right now.

So what do you do in the first 72 hours? Here’s the list, and its gonna seem like alot, but each one matters:

Hour 1-24: Get the violation notice in front of an attorney who actually handles federal trucking enforcement. Not your corporate attorney. Not you’re business lawyer who did your LLC paperwork. Someone who deals with FMCSA and DOT enforcement. Because of the timeline, because of how this stuff works, you need someone who can tell you immediantly if this is a “contest it” situation or a “mitigate it” situation.

Hour 24-48: Notify your insurance company. I know, you don’t wanna do this. Your worried they’re gonna drop you. But here’s the thing—they’re gonna find out anyway, and most commercial trucking insurance policies have notification requirements. If you dont notify them within the policy period (usually 30 days) and then try to make a claim later, they can deny coverage based off your failure to notify. Don’t give them that excuse.

Hour 48-72: Start the evidence preservation process. If this violation involves a specific incident—a roadside inspection, a accident, a specific load—you need to preserve everything. Driver logs. ELD data. Maintenance records. Text messages. Emails. Video footage if you got dash cams. Because once FMCSA or DOJ starts investigating, anything you “lose” after that point looks like you destroyed evidence, even if you didn’t.

One more thing about this 72-hour window: there’s something called the informal resolution procedure under 49 CFR 386.12. Most companies dont even know this exists. But if you file an informal resolution request within 30 days of the violation notice, you can sometimes get FMCSA to reduce the violation severity, reclassify it, or even dismiss it if you can show you already fixed the problem. But you gotta know how to file it, what documentation to include, and how to frame the request. This ain’t something you just wing.

Understanding Your Specific Violation Type

The violation notice you recieved probably has a bunch of regulatory citations that look like gibberish. “Violation of 49 CFR 395.8(a)(1)” or “49 CFR 396.3(b)”. Here’s what you need to know: different violations have completly different consequences, and the violation type determines your entire defense strategy, your insurance impact, and how serious this actually is.

Let me break down the main categories based off what FMCSA actually enforces.

(This is gonna be longer then you want, but you gotta understand which category your violation falls into.)

Hours of Service (HOS) Violations: This is the most common DOT violation. Your driver exceeded the 11-hour driving limit, violated the 14-hour on-duty window, didn’t take the required 30-minute break, or messed up the 34-hour restart. The regulations are in 49 CFR Part 395. These violations happen alot because the rules is complicated, drivers are under pressure to make deliveries, and the ELD systems sometimes create violations automatically wihtout the driver even realizing it.

Here’s something most people don’t know about HOS violations: unassigned driving time on your ELD is a automatic violation. If you got more then 15 minutes of unassigned driving time during a roadside inspection, that’s a HOS violation right there, even if the actual driving was legal. The driver might of been moving the truck in the yard, or there was a ELD malfunction, but FMCSA doesn’t care. Unassigned time over 15 minutes = violation. This is how companies rack up violations without even knowing they’re violating anything.

Driver Qualification Violations: This is when you hired a driver without a valid CDL, didn’t complete the driver qualification file correctly, didn’t do the annual motor vehicle record check, or hired a driver who was disqualified. The rules are in 49 CFR Part 391. These violations are serious because FMCSA views them as you putting unqualified drivers on the road. Its not just a paperwork issue—its a safety issue in there eyes.

Vehicle Maintenance Violations: Your truck failed a roadside inspection because of brake problems, tire issues, lighting defects, or other mechanical problems. Or you didn’t maintain the required maintenance records. The rules are in 49 CFR Part 396. Here’s the tricky part: some maintenance violations are on the driver (pre-trip inspection failures), some are on the carrier (systematic maintenance program failures), and some could be on both. Where the violation gets assigned matters alot for your SMS scores.

Drug and Alcohol Testing Violations: You didn’t have a drug testing program, didn’t test drivers when required, didn’t use a approved testing facility, or didn’t maintain the required records. Rules are in 49 CFR Part 382. These are taken very seriously irregardless of whether any driver actually tested positive. Just not having the program or not following the procedures is enough for significant penalties.

Cargo Securement Violations: Load wasn’t properly secured, didn’t have enough tie-downs, weight distribution was off. Rules in 49 CFR Part 393. These often come from roadside inspections where the inspector literally counts the number of straps and measures the angles.

Hazardous Materials Violations: If you haul hazmat, there’s a whole seperate set of regulations in 49 CFR Parts 171-180. Placarding errors, shipping paper errors, improper packaging, driver training deficiencies. These violations carry higher penalties because of the risk involved.

Now here’s why the violation type matters so much: each violation gets a severity weight in the SMS system. Some violations are 1 point, some are 10 points. The points stay on your record for different time periods—some for 12 months, some for 24 months, some for 36 months. And based off your total SMS scores across different categories (Unsafe Driving, HOS Compliance, Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance), FMCSA assigns you a percentile ranking. If you hit certain percentile thresholds, you get flagged for intervention. That means more inspections, compliance reviews, and potentially enforcement actions.

So when you’re looking at your violation, you ain’t just looking at the fine amount. Your looking at: How many SMS points is this? Which category does it fall into? What’s my current percentile in that category? Will this violation push me over the intervention threshold?

Because thats what determines if this is a one-time problem or the start of a business death spiral.

What They’re Not Telling You About Personal Liability

This is the part that’s gonna make you uncomfortable, but you need to hear it. And I mean really hear it. Because alot of trucking company owners think they got a LLC or a corporation, so there personal assets are protected. That ain’t how it works in trucking when federal violations are involved.

There’s something called the “responsible corporate officer doctrine.” It comes from a Supreme Court case, United States v. Park, and it basically says that corporate executives can be held personally criminally liable for company violations if they had the authority and responsibility to prevent the violations, irregardless of whether they had actual knowledge of the specific violation. Let that sink in for a second. You don’t have to know about the violation. You just have to be the person who could of prevented it.

So your the owner of a trucking company. Your responsible for safety compliance. One of you’re drivers was driving with a expired medical certificate because your safety director didn’t update the file. There’s a accident. Someone gets hurt bad, or dies. FMCSA investigates and finds the driver qualification violation. DOJ gets involved. And now your facing criminal charges—not because you knew about the expired medical certificate, but because you was the responsible corporate officer who should of had systems in place to prevent it.

This ain’t theoretical. This is happening right now, in 2025. The Department of Justice has made it a priority to prosecute trucking company executives personally when there’s a pattern of safety violations that lead to fatalities. I’m talking about company owners getting indicted, going to trial, and going to prison. Not the company paying a fine. The owner doing time.

Here’s some examples from recent cases (I ain’t naming the companies because of confidentiality, but these are real):

Texas, 2024: Trucking company owner indicted on federal charges after three fatal crashes involving his drivers over a 18-month period. Feds alleged he knowingly allowed unqualified drivers to operate, falsified driver qualification files, and pressured drivers to violate HOS rules. He could of faced 15 years. Case settled with plea deal—he did 26 months in federal prison and the company was forced to shut down.

California, 2025: Two executives of a freight carrier charged with conspiracy to commit wire fraud and making false statements to federal investigators. The company had been systematically falsifying ELD data to hide HOS violations. When FMCSA started investigating, the executives lied to investigators. Both convicted. One got 41 months, the other got 33 months. The company? Dissolved. Operating authority revoked. Gone.

New York, 2024: Company owner charged under the responsible corporate officer doctrine after a driver with a suspended CDL (that the company didn’t catch in the annual MVR check) caused a fatal accident. Owner argued he didn’t know about the suspended license. Feds argued he was responsible for having systems to catch it. Jury convicted. Owner got 3 years probation, $500,000 personal fine, and the company lost its operating authority.

Look, I don’t wanna scare you—actually, no, I do wanna scare you, because this is scary and you need to take it serious. If you got multiple violations, if there was any injury or death involved, if FMCSA is investigating whether you have a “pattern” of violations, you ain’t just dealing with regulatory fines no more. Your dealing with potential criminal prosecution, and the goverment doesn’t care about your corporate veil. They’re coming after you personally.

So what triggers criminal prosecution? Based off what we’re seeing in 2024-2025 enforcement patterns, here’s the threshold: three or more serious violations plus one fatality equals automatic criminal referral to DOJ. This ain’t written in a regulation nowhere, but if you look at the cases, that’s the pattern. Three strikes and a death, and your gonna get a visit from federal prosecutors, not just FMCSA compliance officers.

But it ain’t just fatalities. If you got a pattern of violations (let’s say 10+ similar violations over a 24-month period), and FMCSA thinks your deliberately ignoring the regulations, they can refer you for criminal prosecution for making false statements, wire fraud (if you’re submitting false compliance data), or conspiracy. The wire fraud charges come in because alot of trucking compliance reporting is done electronically—emails, databases, ELD uploads. If your falsifying that data and its going across state lines electronically, thats wire fraud. 18 USC 1343. Up to 20 years in federal prison.

And here’s the worst part: you can’t discharge federal criminal fines in bankruptcy. If the company goes under, and you personally got convicted and fined, that fine follows you forever. Wage garnishment, asset seizure, liens on your house. The works. This ain’t like a civil judgment you can sometimes negotiate or bankruptcy away. Federal criminal restitution and fines don’t go away.

So when do you need a criminal defense attorney instead of just a regulatory compliance lawyer? Right now, if any of these apply:

Your violation notice mentions a DOJ investigation or U.S. Attorney’s Office. You recieved a grand jury subpoena. Federal agents showed up at your office or home to ask questions. FMCSA investigators asked you to sign a statement and you felt pressured. There was a serious injury or fatality connected to the violation. You got three or more serious violations in the last two years. Anyone from your company has been asked to testify before a grand jury.

If any of those are true, don’t talk to anyone from the goverment without a criminal defense attorney present. Not FMCSA investigators. Not DOT inspectors. Not DOJ prosecutors. Nobody. Because anything you say—and I mean anything—can and will be used against you in a criminal prosecution. The responsible corporate officer doctrine means they don’t gotta prove you knew about specific violations. They just gotta prove you was responsible for preventing them and didn’t. Your words can only hurt you at that point.

The 90-Day Business Death Spiral (And How to Stop It)

Even if your not facing criminal prosecution, even if this is just civil violations and fines, you got a bigger problem: federal violations can destroy your business in 90 days if you don’t stop the cascade. Here’s how it works, and why so many trucking companies end up shutting down even when they could of survived.

Day 1: You get the violation notice. FMCSA enters it into the SMS database. Its public immediantly. Your SMS percentile score goes up in whatever category the violation falls into—let’s say HOS Compliance.

Day 3-7: Your insurance company’s underwriting department runs their weekly SMS score check on all policyholders. They see your score jumped. If your in a high-risk percentile (usually above 65th percentile in any category), you get flagged for review.

Day 10-15: Insurance company sends you a letter saying they’re reviewing your policy based off the SMS score increase. They want copies of your safety program, your corrective action plan, proof that you fixed whatever caused the violation. You got 30 days to respond or they’ll non-renew your policy.

Day 20-30: You’re trying to respond to the insurance company while also dealing with the FMCSA violation response. You don’t have a formal safety program documented. You don’t have a written corrective action plan. You throw together something and send it to the insurance company, but its not what they wanted.

Day 45-60: Insurance company sends non-renewal notice. You got 60 days (now only 30 days left) to find new insurance or your policy lapses. You start calling insurance brokers. But here’s the problem: every commercial trucking insurance company checks SMS scores. They all see the same violation. And they all know your current insurer is dropping you. So if they’re willing to write you a policy at all, the premium is gonna be 300-500% higher than what you’re paying now.

Let’s say your paying $15,000 per year per truck right now. You got 10 trucks. Thats $150,000 annual premium. New quotes are coming in at $450,000-$750,000. You don’t got that kinda cash.

Day 75-85: Your desperately trying to find insurance you can afford. You find a high-risk carrier that’ll write you a policy, but its $400,000 per year and they want 25% down ($100,000) to bind coverage. You don’t have it. You try to get a loan. Banks see your in trucking, see the SMS violations, decline the loan. Your running out of time.

Day 86-90: Your current insurance policy expires. You don’t have new coverage. FMCSA requires continuous insurance to maintain operating authority. The moment your insurance lapses, your required to notify FMCSA. If you don’t notify them and they find out (and they will, because insurance companies notify them), they can revoke your operating authority for failure to maintain required insurance.

Day 91+: Operating authority suspended or revoked. You can’t legally operate. Your trucks are sitting. Your drivers are calling asking if they still have jobs. Your customers are canceling contracts because you can’t fulfill loads. Revenue stops. But the truck payments don’t stop. The insurance you finally got doesn’t stop (even though you can’t operate). The lease payments don’t stop. Your burning cash with zero income.

Day 120: You’re out of business. Not because of the original violation. Not because of the fine (which was probly $1,100-$5,000). But because the violation triggered the SMS score increase, which triggered the insurance non-renewal, which triggered the operating authority crisis, which triggered the business collapse. Thats the 90-day death spiral.

Now here’s what alot of owners don’t realize until its to late: brokers and shippers are watching your SMS scores too. They ain’t waiting for your insurance to drop you. The moment your SMS percentile hits certain thresholds, your getting dropped from broker networks. Shippers who use carrier vetting software (and most big shippers do now) have automatic disqualification triggers based off SMS scores. So even before you lose insurance, you’re losing business.

There’s also something called “broker liability” under federal regulations. Brokers can be held liable if they hire a carrier with known safety problems and that carrier causes a accident. So brokers are hyper-vigilant about SMS scores. If you hit 65th percentile or higher in any category, alot of brokers won’t touch you. If you hit 85th percentile, basically no broker will hire you. Your phone stops ringing, and you don’t even know why until you check your SMS scores.

So how do you stop the death spiral? You gotta act fast and you gotta be strategic:

First 30 days: File a challenge to the violation through the DataQs system if you got any legitimate basis to challenge it. File a informal resolution request with FMCSA if you can show you already corrected the problem. Get documentation of your corrective actions. Create a formal safety program if you don’t have one. Get it in writing.

Talk to your insurance company immediantly. Don’t wait for them to contact you. Call them, tell them what happened, tell them what your doing to fix it, send them documentation. Sometimes you can prevent non-renewal if you’re proactive.

If you can’t prevent the insurance increase, plan for it. Can you reduce your fleet size to reduce the total premium? Can you bring in a partner or investor to cover the cash crunch? Can you renegotiate truck payments or other expenses? The worst thing you can do is pretend its not happening and then get blindsided 60 days later.

Work on getting the violation severity reduced or reclassified. Not all violations carry the same SMS points. If you can get a “serious” violation reclassified as a “basic” violation through DataQs or informal resolution, that changes your SMS impact significantly.

Your Three Options: Contest, Mitigate, or Accept

Okay, so you understand what your facing, you understand the timeline, you understand the stakes. Now the question is: what’s your actual strategy? Because you basically got three options, and which one you choose depends on the specific facts of your case.

Option 1: Contest the Violation

This is where you challenge the violation through the DataQs system or through formal administrative proceedings. You’re saying FMCSA got it wrong—the violation didn’t actually occur, or it occured but it shouldn’t be assigned to your company, or the inspector made a error, or the regulation doesn’t apply to your situation.

The DataQs system is FMCSA’s official process for challenging roadside inspection data. You got 90 days from the inspection date to file a DataQs challenge. If you file within 90 days, the success rate is actually pretty good—around 67% of properly documented challenges get some kinda relief, whether thats removing the violation, reassigning it, or reducing the severity.

But here’s the key: you gotta have a legitimate basis for the challenge. DataQs ain’t for arguing that the regulation is unfair or that you didn’t mean to violate it. Its for factual errors. Examples of good DataQs challenges:

The violation lists the wrong truck number, and the truck listed wasn’t even on the road that day. The inspector cited a regulation that doesn’t apply to your type of vehicle or operation. You got documentation showing the violation didn’t actually occur (maintenance records showing the brakes was just inspected and passed). The violation should be assigned to the driver’s record, not the carrier’s record, because it was a driver error not a company policy failure.

Example of bad DataQs challenges (that’s gonna get denied): You didn’t know about the regulation. You was in a hurry. The inspector was rude. Other companies do it all the time. These don’t work.

Long story short, if you got a factual basis to challenge, do it fast. But don’t waste time on challenges that ain’t gonna succeed, because while your challenging, the violation is still on your SMS record affecting your scores.

Option 2: Mitigate the Violation

This is where you accept that the violation occured, but you try to reduce the penalty, reduce the SMS impact, or prevent it from escalating. This is where the informal resolution procedure under 49 CFR 386.12 comes in.

Within 30 days of receiving a violation notice, you can file a informal resolution request with FMCSA. You’re basically saying: “Yes, the violation happened, but here’s what we did to fix it, here’s why it won’t happen again, and we’d like you to reduce the penalty or reclassify the violation.” If you present good documentation of corrective actions, FMCSA sometimes will:

Reduce the civil penalty amount. Change a violation from “serious” to “basic” (lower SMS points). Issue a warning letter instead of a violation in some cases (especially for first-time minor violations). Give you more time to come into compliance without additional penalties.

The key to successful mitigation is documentation. You gotta show:

You identified the root cause of the violation. You took specific corrective actions (not just “we’ll do better”). You implemented new policies or procedures to prevent recurrence. You trained staff on the new procedures. You’re monitoring compliance going forward.

Just saying “we’re sorry, it won’t happen again” don’t work. You need specifics, you need documentation, and you need it submitted within 30 days.

Option 3: Accept and Pay

Sometimes the violation is clear, the facts ain’t disputable, you don’t have good corrective action documentation, and fighting it is gonna cost more in attorney fees then just paying the fine. In that case, you accept the violation, pay the penalty, and focus on preventing future violations.

This sounds like giving up, but sometimes its the right strategic choice. If its a minor violation, if its your first one, if the SMS impact is minimal, and if the fine is reasonable, just pay it and move on. Save your resources for bigger fights.

But even if your accepting the violation, you still need to:

Fix whatever caused it. Document the fix. Update your safety program. Train your staff. Because if the same violation happens again, FMCSA is gonna view you as a repeat offender, and the penalties go up significantly.

So which option do you choose? Here’s how to think about it: Contest if you got facts on your side. Mitigate if the violation happened but you can show you fixed it. Accept if fighting it costs more then its worth. And if your not sure, talk to a attorney who can review the specific facts and give you a strategic assessment.

When This Stops Being a Fine and Becomes a Felony

We talked about personal liability earlier, but I wanna be real clear about when you need a criminal defense attorney right now, not just a regulatory compliance attorney. Because the difference between civil and criminal ain’t always obvious, and alot of people don’t realize they’re in criminal territory until its to late.

Here’s the hard truth: if DOJ decides to prosecute you, this ain’t about fines and SMS scores no more. This is about federal prison time, criminal records, asset forfeiture, and destroying your life, not just your business. The stakes is completly different.

So when does a civil violation become a criminal investigation? Based off what we’re seeing in 2024-2025, here’s the triggers:

Pattern of violations plus fatality. If you got three or more serious safety violations over 24 months, and one of your trucks was involved in a fatal crash, DOJ is probly gonna get involved. They’re gonna look at whether the violations contributed to the crash, whether you had knowledge of safety problems and ignored them, and whether you can be charged under the responsible corporate officer doctrine.

Falsification of records. If FMCSA finds evidence that you or your staff falsified ELD data, driver logs, maintenance records, drug test results, or any other compliance records, thats a separate federal crime. 18 USC 1001—making false statements to federal investigators. Up to 5 years in prison. And if the falsified records was transmitted electronically (which they always are now), thats wire fraud—18 USC 1343—up to 20 years.

Lying to investigators. If FMCSA or DOT investigators interview you and you lie, even about something that seems minor, thats a federal crime. Martha Stewart went to prison not for insider trading, but for lying to investigators. Same principle applies here. If feds ask you questions and you lie, you just committed a felony irregardless of what the underlying violation was.

Obstruction of justice. If you destroy evidence, tell employees to lie, or otherwise interfere with a federal investigation, thats 18 USC 1503—obstruction of justice. This is how alot of people who might of faced minor charges end up facing serious charges. The coverup is worse then the crime.

Conspiracy. If you and other employees or executives agreed to violate regulations, falsify records, or hide violations from FMCSA, thats conspiracy—18 USC 371. Even if the underlying violation is minor, the conspiracy to commit it is a separate felony.

Here’s what alot of people don’t understand: federal prosecutors can charge you with crimes even if the underlying conduct is also a civil violation. Its not double jeopardy because civil and criminal are seperate proceedings. You can get fined by FMCSA in a civil case and then get prosecuted by DOJ in a criminal case for the same conduct. Both can happen.

So what do you do if you think your in criminal territory?

Stop talking. Don’t talk to FMCSA investigators without a criminal defense attorney present. Don’t talk to DOT inspectors beyond what’s required during a roadside inspection. Don’t talk to DOJ prosecutors at all. Anything you say can and will be used against you, and you got a Fifth Amendment right to remain silent. Use it.

Don’t destroy anything. Don’t delete emails. Don’t shred documents. Don’t wipe computers. Don’t tell employees to destroy records. Because if the goverment finds out (and they will), you just gave them a obstruction of justice charge on top of whatever else they was investigating.

Hire a criminal defense attorney who handles federal cases. Not just any attorney. Someone who has experience with DOJ prosecutions, federal criminal procedure, and preferably transportation or white collar crime. This ain’t the time for your cousin who does DUIs.

Understand your exposure. If your charged with a federal crime, the sentencing guidelines are brutal. Federal judges don’t got much discretion. The guidelines take into account the severity of the offense, the amount of loss or harm, whether you obstructed justice, whether you accepted responsibility. A “minor” federal crime can still get you 18-24 months in federal prison if the guidelines say so.

And unlike state crimes where you might do half your sentance, federal crimes require you to serve at least 85% of your sentance. If you get 36 months, your doing at least 30 months. There ain’t early release for good behavior in federal prison like there is in state systems.

Real talk: if your facing federal criminal charges, your buisness is probly over regardless. The question is whether you personally do prison time or whether you can negotiate a plea deal that keeps you out. And the earlier you get a criminal defense attorney involved, the better your chances of a favorable outcome.

What Civil Violations Mean for Lawsuits Against You

Even if your not facing criminal prosecution, even if this is just regulatory violations and fines, you got another problem: federal violations become evidence against you in civil lawsuits. And in trucking, civil lawsuits is how companies get destroyed financially.

Here’s how it works. Let’s say one of your drivers was involved in a accident. Doesn’t matter if it was your driver’s fault or the other driver’s fault—if there was any injury, theres probly gonna be a lawsuit. The plaintiff attorney is gonna request all of your FMCSA records, your SMS scores, your violation history, everything. And if you got federal violations—especially violations related to the type of accident that occured—those violations become prima facie evidence of negligence.

What’s prima facie mean? It means the violation, by itself, is evidence that you was negligent. The plaintiff don’t gotta prove you was negligent through expert testimony or reconstructions or complicated arguments. They just show the jury: “This trucking company violated federal safety regulation X. This accident involved the exact type of hazard that regulation X was designed to prevent. Therefore, the company was negligent.”

For all intensive purposes, the violation makes the negligence case way easier for the plaintiff. And here’s the worse part: violations can support punitive damages. Most truck accident lawsuits are for compensatory damages—medical bills, lost wages, pain and suffering. But if the plaintiff can show you had a pattern of violations, that you knew about safety problems and ignored them, that you prioritized profits over safety, they can ask for punitive damages. And punitive damages ain’t covered by insurance in most states.

So let’s say you got a $1 million insurance policy. The accident results in serious injuries. Jury awards $800,000 in compensatory damages (covered by insurance) and $2 million in punitive damages (not covered). You personally owe $2 million. The company goes bankrupt. You loose everything.

This is why federal violations is such a big deal even when they seem minor. Its not just the fine from FMCSA. Its the exposure in civil litigation. Every violation is discoverable. Every violation is potential evidence. Every violation makes the plaintiff’s case easier and makes you’re defense harder.

And here’s something else: plaintiff attorneys monitor SMS scores looking for targets. There’s software that tracks trucking companies with high violation rates, recent accidents, and poor safety scores. Plaintiff lawyers use this data to identify which companies to sue and how much to demand in settlement. If your SMS scores is bad, you’re a target.

So what do you do about this? The only real defense is to keep your SMS scores clean, challenge violations when you can, document your safety efforts, and show that violations was isolated incidents, not a pattern of negligence. But once the violations is on your record, they’re there. Plaintiffs attorneys are gonna use them. Juries are gonna see them. And your gonna be fighting uphill.

What You Need to Do Right Now

Look, if your reading this, your probly facing federal violations already. You got the notice, you’re panicking, and you don’t know what to do next. Here’s what you do right now:

Get the violation notice in front of a attorney who handles federal trucking enforcement within 24 hours. Not tomorrow. Not next week. Today. Because the clock is ticking, your SMS scores is already public, and the 30-day window for informal resolution don’t give you as much time as you think once you factor in gathering documentation.

Don’t talk to FMCSA investigators without legal representation. If they’re calling you, if they showed up at your office, if they sent you a letter asking for a interview, don’t do it without a attorney present. Your trying to be cooperative, your trying to explain your side, but anything you say can be used against you in civil proceedings, criminal proceedings, or both. Get legal advice first.

Notify your insurance company within the policy requirements. I know you don’t wanna do it, but you gotta. Read your policy, find the notification requirements, and comply. Don’t give them a excuse to deny coverage later.

Preserve all evidence related to the violation. ELD data, maintenance records, driver files, communications, everything. Don’t delete nothing. Don’t destroy nothing. Just preserve it all.

If there was a accident, injury, or fatality involved, assume criminal exposure and get a criminal defense attorney immediantly. Don’t wait to see if DOJ gets involved. By the time you know for sure, its to late to prepare a proper defense.

Your facing this alone is how companies go under. Your insurance company will find out. Your competitors already know. The longer you wait, the worse it gets. We’re here. Call us. Right now. 24/7.

Federal violations ain’t gonna go away on there own. The fines multiply. The SMS scores get worse. The business impact cascades. But if you act fast, if you get the right legal help, if you understand what your actually dealing with, you can survive this. Alot of companies do. But you gotta move now.