I had a question posed to me by a JP that I have not had much luck finding any cases on the topic. Scenario: DPS wrote ticket to CDL driver for violation of FMCSR driver switched companies. He does not wish to appear but the company whose truck he was driving wants to contest the ticket. Can the company do that? My thought is they don't have standing since they were not cited, the driver that worked for them was cited. Any thoughts?

The DPS Commercial Vehicle Enforcement troopers can and do cite the actual company where appropriate, so if the driver actually got the citation it seems like it would be a violation for which he himself is on the hook. In that case, I'd agree the company wouldn't have any more standing to contest the ticket than they would if the driver had been charged with shoplifting. Good luck finding cases on any kind of class C CMV offense. As is often the case your JP will probably have to rely on your learned opinion.

Also, in these kinds of cases I think it's typical for people not really to grasp the fact they're dealing with a criminal charge. Depending on how involved this company tries to get, you might mention that the powers that be frown on the unauthorized practice of law. For practical purposes, you might talk to someone at the company and find out what they think they have to gain by fighting their ex-employee's ticket. And don't forget to talk to your troopers or their CVE sergeant. Those guys usually know way more about this stuff than anyone else you'll find.