Help with speeding ticket!

Discussion in 'Trucker Legal Advice' started by texasclassA, Aug 11, 2010.

  1. Powder Joints

    Powder Joints Subjective Prognosticator

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    What ever.
     
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  3. tesla4all

    tesla4all Light Load Member

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    What ever?....are you serious man?....I mean really, is that the best you got? I'm wavin a white flag here and this is your response?:biggrin_2559:
     
  4. grimesjm1

    grimesjm1 Medium Load Member

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    this is quite a long thread over one speeding ticket. it will fall off your license before you could re-read it
     
  5. tesla4all

    tesla4all Light Load Member

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    :biggrin_2559::biggrin_2559::biggrin_2559:
     
  6. dieselbear

    dieselbear Road Train Member

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    Tesla,

    All I can say is good luck to you. I could care less about your politics, or religion etc. Not trying to intimidate anyone, but I have seen the driver's try and do this. I have looked at the rhetoric they were talking about and googled yours. Quite frankly I don't see the giant loop holes for a legal defense. I had some driver a while back tell me to look up the "color of law" and "legalee". He was quoting that I had no jurisdiction over him and he did not have to comply with any laws because he was not a citizen and all kinds of foolishness. He would not sign any paperwork without the statement, "authorized by ........"

    I will give you that there are legal defenses that win by technicalities. There are quite a few things that can have a case thrown out. But majority of the time, lawyers will argue a point and not have a technicality. I don't hate lawyers, they have a job to do as well. If I do my job correctly, they lose. If a trucker does his job correctly, he wins, if your looking at winning and losing. I wish every truck I stopped was found to have no violations. My job would be much easier. I don't get a bonus for finding things wrong or writing tickets. If I did, I would work as much as possible. Majority of my time is spent educating truckers that I stop. So many guys and gals I stop have heard this or that. Have heard horror stories about being inspected. Thought they could log this way or that way. There is a lot of information available these days on the internet that is not correct and so many folks believe it and when I stop them. become upset because they thought this or thought that.

    As far as court, for a traffic offense having an attorney can help by, the attorneys know the officers pretty well. For instance, I get a guy speeding and his log book is jack up. I have dealt with these atoorneys for years, they'll come in to the courthouse the day of the trial and meet with me before court. Attorney will ask can you offer no evidence on the speed and I'll plead guilty to the log book? 99% of the time as long as the guy wasn't an arse, I will do that. Hence that is how some get out of speeding tickets. I don't take any of it personal, I could care less.
     
  7. tesla4all

    tesla4all Light Load Member

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    Dieselbear,
    I apologize for any disrespect perceived.. Thank you for taking your time to respond. I really get into no politics or religon simply because both are so bankrupt and corrupt, and people tend to get stupid to the point of unnecessary violence. As you cited in your response, an example of some guy coming off with all of his I'm not this or that and won't sign this or that,....there are many like you say that "know just enough to get yourself in trouble and spread information in the truck stop diner to get more driver's in trouble". That is not me,...and the strategies and techniques that I use, I didn't come up with myself. I listen to and read of the experiences of others,...do the research myself...and then proceed. YES there is an abundance of bogus info out here on the web....lets see, there is tons of bogus information spewed into all forms of media daily. That is why instead of sitting around playing Xbox games or watching porn folks need to educate themselves. But I realize that humans are a bit lazy and aren't going to spend a lot of time exercising their brain muscles. Please understand that I have no hatred for officers of the law,...scumbag lawyers...(did I really say that?) Seriously I don't have any hatred towards these folks...90% of them or more don't have a clue as to the true nature of the corrupt injustice that they unknowingly make themselves party to. Again, I need to make no enemies,...we already have plenty of those walking the streets that we are largely unaware of....If we have any reason to cross paths,....you will know me as I will be the one to comply peacefully with your request, not discuss the alleged violation in any manner, and directly above my signature on my license you will find in very small print "Without Prejudice UCC 1-308"....and if you wonder why it is taking me so long to sign the ticket, it will be because I'll be signing the same way I sighed my license.....(actually had an officer snatch the clipboard out of my hands one time cause I was taking too ling to sigh my name in his opinion)......
    Tesla4all
     
    dieselbear Thanks this.
  8. rich_t

    rich_t Road Train Member

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    Tesla,

    I have read your posts in this thread with interest.

    Please detail with great amount of specificity on how you have used "ucc 1-308 without prejudice" to win any court case.


    Exactly what was your argument before the court? What did you say? What did the judge say etc.

    I did google "ucc 1-308 without prejudice" and to be honest, I didn't find anything particularly useful from any site that I thought was credible, although I did find several blogs on the issue, that were also very short on specifics.



    What you have here, is an oppurtunity to educate on an issue that you say you have a high level of experience with. Whether you use the opportunity or not is up to you.
     
    dieselbear Thanks this.
  9. tesla4all

    tesla4all Light Load Member

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    My only use of this so far was involving a speeding violation. Signed the ticket without prejudice ucc 1-308...delayed court appearance twice for legitimate reasons. spoke with the judge...did not discuss the specifics of the case, provided some information that he requested.....judgment was set aside fine suspended.

    I am currently involved in another violation of local statue situation and will update as that progresses.

    The ultimate defense is simply not violating...HOWEVER,..if you find yourself in a position of being accused of an alleged violation...there are simply better ways to protect yourself hence your career.

    The bulk of my legal expertise has nothing to do with transportation related issues. They are personal in nature and nothing I wish to share here. I will say this though,..years ago (20 something) a now deceased magistrate ct judge sat down with my wife and I and actually typed-out an appeal for us. Now, I bet you have NEVER heard of that! This kind soul saw the injustice that had been done to my family and set us on a path which much to our misfortune we have perfected over the course of the last 20 years. We have represented ourselves all the way from magistrate ct, through state, supreme, and the ct of appeals in our state of domicile. We have done this more than a few times. We never chose to be in the situation that we found ourselves in, but we surely educated ourselves to deal with our situations, thereby earning a certain level of respect in the legal community in which we had dealings.
     
  10. aussiejosh

    aussiejosh Road Train Member

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    Pay the fine do the time and get on with life we all get speeding tickets no ones perfect .


    :biggrin_2558:
     
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