Defenses to IL town overweight ticket

Discussion in 'Trucker Legal Advice' started by ichudov, Jun 10, 2016.

  1. ichudov

    ichudov Heavy Load Member

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    Mar 14, 2012
    Berkeley, IL
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    My part time driver was stopped on the entrance to the interstate, by village police which had this entrance on its very edge of its territory. They found him to be overweight on the rear axles by 5,000 lbs and gave him a ticket for $2,100.

    I will, of course, pay whatever ends up to be the fine, but I would prefer to win and to not pay.

    Even the cop said that on the day of trial, they would try to negotiate.

    My prior experience with another $2,500 overweight ticket was that it was simply dismissed when we showed up in court. I did not even understand why it was dismissed. I want to fight this ticket also. I talked to a few attorneys, but my impression from them was that they did not care about me, only wanted to charge me $350 for showing up and "negotiating". Well even I can show up and "negotiate". What I want is to win or, at least, convince the prosecutor to settle for a low amount.

    So... what are the legal defenses to the overweight charge? Something that would make the ticket invalid. Say, the officer lacked qualifications, or the scale was not in working order, lack of jurisdiction, what else could it be? Can we request a copy of the scale ticket prior to court to try to see if it is somehow deficient?

    Finally, what are good mitigating circumstances that a court would accept if he is found guilty, to reduce the fine?

    How can I request documentation from the prosecution to see what is the evidence against me?

    Please, if you just have an opinion about the state of affairs in this country, spoiled youth, liberals, social justice, or some such, but not about overweight tickets, I am asking you to refrain from posting general opinions. I want to know how I can fight an overweight ticket.

    We moved the court date to August to have more time to prepare.
     
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  3. Pmracing

    Pmracing Road Train Member

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    Jan 28, 2011
    Arlington Heights, IL
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    Were the rear axles movable? If so in what position were they? I am just curious.

    I drive Chicago all day every day (that I work). Would you mind letting me/us know the location?

    Mikeeee
     
  4. ichudov

    ichudov Heavy Load Member

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    Mar 14, 2012
    Berkeley, IL
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    It happened in the village of Elmhurst. I would like to request the scale ticket and see if I can find any deficiencies or discrepancies or other defenses. Do I ask the court for that or the municipality?
     
  5. Pmracing

    Pmracing Road Train Member

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    Jan 28, 2011
    Arlington Heights, IL
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    5000 pounds is a lot to be over!
    Maybe post the shipper location and route to where he/she was pulled over, you are not liable for overweight if you are headed to the nearest scale.

    Mikeeee
     
    Last edited: Jun 11, 2016
  6. ichudov

    ichudov Heavy Load Member

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    Mar 14, 2012
    Berkeley, IL
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    I am not sure if "I was going to the nearest scale" is a defense to an overweight ticket. Some people told me that it is not. I would love it if I could use it as a defense. Can you clarify?
     
  7. Pmracing

    Pmracing Road Train Member

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    Jan 28, 2011
    Arlington Heights, IL
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    I can, but will not. Drivers (and owners) should know the regulations.

    Mikeeee
     
    firemedic2816 Thanks this.
  8. x1Heavy

    x1Heavy Road Train Member

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    Mar 5, 2016
    White County, Arkansas
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    Don't be caught 5000 pounds over weight.

    Legal defense starts with a 10 dollar bill in hand and a cat scale under your ### in the other. Weigh the #### thing. Always.

    Even if you were 5000 loaded back there on the tandems, there might not be enough holes to shift it to the drives.

    The alternative is to get inside the box, seals be ###### and shift the freight forward and then weigh again.
     
  9. Pmracing

    Pmracing Road Train Member

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    Jan 28, 2011
    Arlington Heights, IL
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    Break a seal and you,or company, may be paying 10's to $100,000+ dollars for a refused load at receiver.
    Worst advice ever!

    Mikeeee
     
  10. HalpinUout

    HalpinUout Road Train Member

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    Oct 2, 2011
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    Did Elmhurst PD bring him to the scale on RT 83?
     
  11. Skate-Board

    Skate-Board Road Train Member

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    Aug 9, 2014
    Merrimack, NH
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    I would just simply state that your driver was overloaded by the shipper and no way to tell and that he was on his way to a truck stop that had a scale and would have returned to the shipper to take some weight off.
     
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