To fight or not to Fight?

Discussion in 'Trucker Legal Advice' started by rj31, Dec 12, 2012.

  1. rj31

    rj31 Bobtail Member

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    Nov 26, 2012
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    Ok i just received a ticket in PA PA code 231.7 section 4107 subsection B2. Operated or Permitted to operate a vehicle not equipped as required. In the remarks section is states
    Driver failed to obey a posted speed reduction sign.

    On the Driver/Vehicle Exam Report I was sited with code 392.2SLLS4 Section 392.2 State/Local Laws-Speeding 15 or more miles per hour over the speed limit. 35 mph in a 20 mph zone.

    How does a speeding ticket turn in to an unlawful activities charge as discribed in PA code 231.7 section 4107 subsection B2. and then back into a speeding charge on my inspection report?

    How can any speed charge be made without giving the device/method used and operator of said device. Can anyone clarify for me?
     
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  3. Cat sdp

    Cat sdp . .

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    Don't know about PA laws, get a local lawyer and fight it . Maybe you will catch a break.
     
  4. nikmirbre

    nikmirbre Road Train Member

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    Im gonna get me a 2nd career in Internet Lawyer!! My motto is "fight it". Im gonna be known as the lawyer who says those 2 words all the time!! Ill charge you $1OO an hour to have you hear me say those 2 words... "fight it"!!!!!

    Ill be known everywhere to all drivers and all companies. Ill be famous! Ill put billboards up in everywhere!
     
    str8rida Thanks this.
  5. G/MAN

    G/MAN Road Train Member

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    When you are cited for 15 mph or more over the posted speed limit, it is considered reckless driving. Some carriers won't hire anyone with a speeding ticket that is that much over the posted speed. It is considered a serious moving violation. The other should also be considered a moving violation. Both could adversely effect your career. I would suggest that you fight the tickets. It would be best to hire a lawyer and let them deal with it. There are a couple of legal organizations that cater to truck drivers. It won't be cheap, but cost less in the long run if you let this go down as written. I could not hire you due to the 15 mph over the speed limit. My insurance company would not touch you. Others are in the same situation.
     
    otherhalftw Thanks this.
  6. Ruckie

    Ruckie Road Train Member

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    Fight it!!! I didn't fought mines because the trooper told me if I fight it he will tear me a New ashole I was going too fast now I got 37 points on my csa for one incident
     
  7. Infosaur

    Infosaur Road Train Member

    In PA the officer has to be present in court for it to even get considered. So GO TO COURT! He might not show up that day.

    Also there's a +/- 5mph variance on commercial vehicle speedometers (ie: they aren't certified and calibrated like a patrol vehicle's speedo) so you can use that to plead down by 10mph which would make it a lesser offense.

    Check the ticket for errors, (had a cop write a seatbelt ticket for a co-worker, and she put down the trailer plate! No seatbelts in the trailer your honor.) The fact that he didn't list the method of clocking might work in your favor.

    Hopefully you didn't say anything damming to the officer which "can be used against you" blah blah blah.

    And above all, be professional and polite at the courthouse. Goes a long way.
     
  8. rj31

    rj31 Bobtail Member

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    Nov 26, 2012
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    I fought it.

    Out come my phone has a gps based speed monitor on it. I didn't say a word when pulled over. The gps speed monitor only saves .5 miles of speeds captured at 1/64 of a mile. It has a capture button on it and will pertinently save the data collected which includes speed, gps location, time date and weather conditions reported. I pushed the button twice once the second I seen the dot and once after he hit his lights. Needless to say I won!
     
    Infosaur Thanks this.
  9. Infosaur

    Infosaur Road Train Member

    Bravo sir!

    I'm amazed that the judge sided with you though, since the LEO probably pegged you before you even saw him (I'm sure you slowed down when you DID see him). But that's a cool little trick to have.
     
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