Truckers Report Jobs

Find Trucking Jobs

Company Driver Company Driver Dry Van Dry Van Flatbed Flatbed Refrigerated Refrigerated Specialized Specialized Owner Operator Owner Operator
More Trucking Job Searches ⌄ Fewer Trucking Job Searches
⌃

fight it!

Discussion in 'Experienced Truckers' Advice' started by teqntexas, Jun 30, 2015.

Page 1 of 3
  1. Jun 30, 2015 #1
    teqntexas

    teqntexas Medium Load Member

    689
    546
    Jan 25, 2012
    Ft. Worth Tx.
    0
    [​IMG]

    Just wanted to post this. if you get a ticket. fight it. fight it at the court level then fight it at the DataQ level. you CAN win.
    it took a while, i got the ticket back in january from a Texas DPS/trooper. i finally got the documentation from the court that i was dismissed about 2 weeks ago. i sent in the request to DataQ last week and DPS responded today with this.

    BTW, i wasn't on the phone and was able to prove through that by showing phone record time stamps matched up to my qualcom logs. it wasn't cheap, i had to hire an attorney in the county where i got the ticket and that cost $500, so yeah, i'm a little upset that it cost me money to prove i didn't do anything wrong, BUT, at least for now it's over.
    Teq.
     
    teqntexas, Jun 30, 2015
    teqntexas, Jun 30, 2015
    #1
    TankerP, BrenYoda883, NavigatorWife and 3 others Thank this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Jun 30, 2015 #2
    rank

    rank Road Train Member

    9,870
    113,173
    Feb 11, 2010
    50 miles north of Rochester, NY
    0
    I'd like to hear more about the charge and how you beat it. I was charged in NY with "0perating a hand held electronic device" (6 points) or some such thing. According to the officer, I had the phone in my hand when I drove past his stationary position ". I wasnt on the phone however so there would be no phone or text record. Figuring I had no defense, I hired a lawyer and he plead it down to " no hands on steering wheel" (4 points).

    Based on your defense, I could have been non guilty?
     
    rank, Jun 30, 2015
    rank, Jun 30, 2015
    #2
    BrenYoda883 and NavigatorWife Thank this.
  4. Jun 30, 2015 #3
    KANSAS TRANSIT

    KANSAS TRANSIT Road Train Member

    4,080
    6,842
    Jul 28, 2011
    Glasco,Ks.
    0
    I'm glad you won, the only down side is the DPS agent won't even get a slap on the wrist, and your out minimum 500.00 that is the part that sucks.
     
    KANSAS TRANSIT, Jun 30, 2015
    KANSAS TRANSIT, Jun 30, 2015
    #3
    teqntexas, BrenYoda883, NavigatorWife and 1 other person Thank this.
  5. Jun 30, 2015 #4
    teqntexas

    teqntexas Medium Load Member

    689
    546
    Jan 25, 2012
    Ft. Worth Tx.
    0
    i was running down a two lane blacktop in Bee county Texas. had my right arm on the arm rest and was leaning my head against my hand. i had my cb mic in my hand because i was talking to my running partner behind me. the officer saw the mic in my hand and thought it was my cell phone. during the traffic stop i offered the DPS my cell phone so he could see that i hadn't been using it but he declined.

    as for the cell phone records, i pulled up my account on at&t's website and printed out that day's call records, both in coming and out going. then i had my company send me my qualcom logs. when looking at the two you can see that while the truck was moving no calls were made.

    now there IS a difference between the cell phone ticket and hand held electronic device. the electronic device could in theory be a gps unit, or a mp3 player etc. also there is a difference i guess in the csa points. mine was worth 10, so x 3 for the first year = 30 points on my csa score as well as my companies.
     
    teqntexas, Jun 30, 2015
    teqntexas, Jun 30, 2015
    #4
    BrenYoda883, blairandgretchen, NavigatorWife and 1 other person Thank this.
  7. Jun 30, 2015 #5
    rank

    rank Road Train Member

    9,870
    113,173
    Feb 11, 2010
    50 miles north of Rochester, NY
    0
    I see. So he actually said you were talking on the phone. That's different than what my cop said to me. He knew I wasn't talking... He accused me of checking email, texting, reading a text, using a calculator, surfing the web, watching YouTube, checking GPS, or even checking what time it was.
     
    rank, Jun 30, 2015
    rank, Jun 30, 2015
    #5
    BrenYoda883 and NavigatorWife Thank this.
  8. Jun 30, 2015 #6
    HorseShoe

    HorseShoe Road Train Member

    1,494
    2,779
    Jun 29, 2015
    0
    You could hire a forensic tech to use some software on your smartphone. It'll pull timestamps of everytime you unlock it, open it, press the volume button, open an app, etc. How you go about hiring one...beats me
     
    HorseShoe, Jun 30, 2015
    HorseShoe, Jun 30, 2015
    #6
    BrenYoda883 and rank Thank this.
  9. Jun 30, 2015 #7
    HorseShoe

    HorseShoe Road Train Member

    1,494
    2,779
    Jun 29, 2015
    0
    I thought GPS, E-logs, and CB's were exempt from that law
     
    HorseShoe, Jun 30, 2015
    HorseShoe, Jun 30, 2015
    #7
    BrenYoda883 Thanks this.
  10. Jun 30, 2015 #8
    rank

    rank Road Train Member

    9,870
    113,173
    Feb 11, 2010
    50 miles north of Rochester, NY
    0
    Not GPS on your handheld electronic device
     
    rank, Jun 30, 2015
    rank, Jun 30, 2015
    #8
    BrenYoda883 and NavigatorWife Thank this.
  11. Jun 30, 2015 #9
    HorseShoe

    HorseShoe Road Train Member

    1,494
    2,779
    Jun 29, 2015
    0
    It's funny cause you see troopers speeding down the highway at 100MPH phone on their ear and other hand on their laptop.
     
    HorseShoe, Jun 30, 2015
    HorseShoe, Jun 30, 2015
    #9
    BrenYoda883, NavigatorWife, OLDSKOOLERnWV and 2 others Thank this.
  12. Jun 30, 2015 #10
    rank

    rank Road Train Member

    9,870
    113,173
    Feb 11, 2010
    50 miles north of Rochester, NY
    0
    Oh yeah but that's official business (uh huh) and they're better drivers than we are (uh huh). I had one cross the center line and head straight at me a few years ago while she was on the lap top. I stopped and she came within 20 ft of hitting me. She was only doing ~10 mph.
     
    rank, Jun 30, 2015
    rank, Jun 30, 2015
    #10
    BrenYoda883, NavigatorWife and teqntexas Thank this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

    • Page 1 of 3