Truckers' Trucking Forum | Largest Class A Message Board - The Premier Truck Drivers Forum!  

Trucker MySpace - Truckers Making Friends. Chicken Truckers Come Meet Other Truckers!

Truck Trading Post - New Classified Ads Section! Post for Free, Sell Your Stuff Fast!




Go Back   Truckers' Trucking Forum | Largest Class A Message Board > Truckers & The Trucking Industry > Trucking Industry Regulations > Trucker Legal Advice

Truckers' Trucking Forum/Message Board - The Premiere Truck Driver Forum

Trucker Legal Advice Discuss issues related to trucking laws, traffic laws, employment laws and more here. We have a trucker/lawyer who will do his best to answer your legal questions. We are NOT responsible for the accuracy of ANY advice given. Use your heads, please.

Reply
 
Thread Tools Rate Thread Display Modes
  ^ Top   #1  
Old 12.08.2008
Light Load Member
 
Last Seen: 11 Hours Ago 04.20 PM
Member Since: Nov 2008
Location: MN
Trucker? No Answer
Age: 38
Posts: 205
My Trucking Photos: 0

Thanks: 33
Thanked: 56 Times
On call Attorney's

After reading several post here and in the Industry Reg. section, I've wondered if a trucker should have a good attorney on call???

Situation:

A LEO pulls trucker over or stops at w/station and cites driver unjustly(at least in the drivers eyes) for any of a number of things.... which could get worse with continued conversation with the LEO.

Could a drive call his/her attorney quickly explain the situation and ask the LEO to talk to said attorney instead of the driver. The LEO conversation may or may not be recorded while talking to the attorney.

Is this possible? Has anyone done this? I would bet, at very least, doing so would cover your butt.
Reply With Quote
Remove This Ad By Registering. Join Our Truck Forum and Trucking Community For Free. Sponsored Links:

  ^ Top   #2  
Old 12.08.2008
lostNfound's Avatar
Road Train Member
 
Member Since: Jun 2007
Location: I've been everywhere man...
Trucker? No Answer
Posts: 1,784
My Trucking Photos: 0

Thanks: 32
Thanked: 643 Times
Quote:
Originally Posted by shredfit1 View Post
After reading several post here and in the Industry Reg. section, I've wondered if a trucker should have a good attorney on call???

Situation:

A LEO pulls trucker over or stops at w/station and cites driver unjustly(at least in the drivers eyes) for any of a number of things.... which could get worse with continued conversation with the LEO.

Could a drive call his/her attorney quickly explain the situation and ask the LEO to talk to said attorney instead of the driver. The LEO conversation may or may not be recorded while talking to the attorney.

Is this possible? Has anyone done this? I would bet, at very least, doing so would cover your butt.
I'm thinking that if you try and interrupt a LEO during the discharge of their duties by calling your attorney and asking said LEO to talk to said attorney ... you're going to need a butt covering all right.

Plus a $$$ attorney's bill on top of it.
Reply With Quote
  ^ Top   #3  
Old 12.08.2008
RickG's Avatar
Truck Forum Supporter
 
Last Seen: 4 Minutes Ago 03.46 AM
Member Since: Jul 2008
Location: Owensboro , KY
Trucker? 30 Years
Posts: 5,277
My Trucking Photos: 0

Thanks: 249
Thanked: 1,562 Times
My Truckers Blog : 1
That would be a very unlikely possibility and unnecessary . Just cooperate and let the LEO write the citation . There is no immediate need to contact an attorney . Just contact the attorney within a few days and let them deal with the prosecutor at the court handling the case . There is nothing to be gained by further antagonizing the LEO and most attorneys aren't available on a moment's notice like that .
Reply With Quote
The Following 2 Users Say Thank You to RickG For This Useful Post:
shredfit1 (12.08.2008), shriner75 (09.19.2009)
  ^ Top   #4  
Old 12.08.2008
Light Load Member
 
Last Seen: 11 Hours Ago 04.20 PM
Member Since: Nov 2008
Location: MN
Trucker? No Answer
Age: 38
Posts: 205
My Trucking Photos: 0

Thanks: 33
Thanked: 56 Times
Quote:
Originally Posted by RickG View Post
That would be a very unlikely possibility and unnecessary . Just cooperate and let the LEO write the citation . There is no immediate need to contact an attorney . Just contact the attorney within a few days and let them deal with the prosecutor at the court handling the case . There is nothing to be gained by further antagonizing the LEO and most attorneys aren't available on a moment's notice like that .
Thanks for the reply, and it makes sense.

It is just after reading some of these posts, the citation(s) seem to have escalated, due possibly to interpersonal friction between the LEO and driver... Thus, making a need for on site arbitration, or leveling of the playing field... due to some(certainly not all) power tripping LEO's.

I realize the logistics of having an on call attorney may be impractical and costly.

Last edited by shredfit1; 12.08.2008 at 12.01 PM.. Reason: typo
Reply With Quote
  ^ Top   #5  
Old 12.09.2008
Road Train Member
 
Last Seen: 06.19.2009 05.29 PM
Member Since: Oct 2008
Location: Moline, Illinois
Trucker? 26 Years
Age: 64
Posts: 1,058
My Trucking Photos: 0

Thanks: 537
Thanked: 363 Times
Quote:
Originally Posted by shredfit1 View Post
After reading several post here and in the Industry Reg. section, I've wondered if a trucker should have a good attorney on call???

Situation:

A LEO pulls trucker over or stops at w/station and cites driver unjustly(at least in the drivers eyes) for any of a number of things.... which could get worse with continued conversation with the LEO.

Could a drive call his/her attorney quickly explain the situation and ask the LEO to talk to said attorney instead of the driver. The LEO conversation may or may not be recorded while talking to the attorney.

Is this possible? Has anyone done this? I would bet, at very least, doing so would cover your butt.
Wouldn't work. The cop has the right ti issue a citation if he/she believes someone has violated a law or rule/regulation. The attorney only comes in to play after one has pled not guilty & receives a trial date.
Reply With Quote
Remove This Ad By Registering. Join Our Truck Forum and Trucking Community For Free. Sponsored Links:

  ^ Top   #6  
Old 12.09.2008
Light Load Member
 
Last Seen: 11 Hours Ago 04.20 PM
Member Since: Nov 2008
Location: MN
Trucker? No Answer
Age: 38
Posts: 205
My Trucking Photos: 0

Thanks: 33
Thanked: 56 Times
Quote:
Originally Posted by psanderson View Post
Wouldn't work. The cop has the right ti issue a citation if he/she believes someone has violated a law or rule/regulation. The attorney only comes in to play after one has pled not guilty & receives a trial date.
I understand this, however, there is also potential for interpersonal friction between LEO and driver. LEO supervisors refer to it as "contempt of cop" whereas, the LEO can/does take a position that... I'm gonna really stick it to this guy...(ie I'll teach him/her a lesson) Like it or not, it happens.

Moreover, most/many good attorneys tell clients not to talk to LEO's at all. As there is little to be gained by doing so.... Ideally, the attorney wants to arbritrate. Go to "Youtube" and search for: Know your rights... Talking to the police...(even if you have nothing to hide) A law professor... and veteran LEO talk about why it isn't good to talk to police in this video.... very interesting stuff.

Again, I realize the logistics of having an on call attorney may be impractical and costly. If not, impossible.

Of course, no disrespect is intended in any of this... I've actually seen both sides of the fence in this matter... I was a Park Ranger for the LEO part.... And almost had a side arm drawn on me for a seat belt violation(the rookie had his hand on his gun about 80% of the time he was talkin' to me) Made me nervous to say the least.
Reply With Quote
  ^ Top   #7  
Old 12.09.2008
lostNfound's Avatar
Road Train Member
 
Member Since: Jun 2007
Location: I've been everywhere man...
Trucker? No Answer
Posts: 1,784
My Trucking Photos: 0

Thanks: 32
Thanked: 643 Times
Quote:
Originally Posted by shredfit1 View Post
I<snipped>
whereas, the LEO can/does take a position that... I'm gonna really stick it to this guy...(ie I'll teach him/her a lesson) Like it or not, it happens.
<snipped>
Sure it happens, but I still fail to see how any attempt to bring an attorney in on the proceedings is going to have any effect other than to make things worse. Especially given the scenario above. After the fact, sure. After all, that's what the courts and attorneys are for.

You can try and discuss things with the officer at the time, but if they are going downhill: Shut. Your. Mouth.

Take your lumps and deal with the problem later.

Is it fair? No, but sometimes life hands you a #### sandwich.
Reply With Quote
The Following User Says Thank You to lostNfound For This Useful Post:
psanderson (12.09.2008)
  ^ Top   #8  
Old 12.10.2008
Light Load Member
 
Last Seen: 11 Hours Ago 04.20 PM
Member Since: Nov 2008
Location: MN
Trucker? No Answer
Age: 38
Posts: 205
My Trucking Photos: 0

Thanks: 33
Thanked: 56 Times
Quote:
Originally Posted by lostNfound View Post
Sure it happens, but I still fail to see how any attempt to bring an attorney in on the proceedings is going to have any effect other than to make things worse. Especially given the scenario above. After the fact, sure. After all, that's what the courts and attorneys are for.

You can try and discuss things with the officer at the time, but if they are going downhill: Shut. Your. Mouth.

Take your lumps and deal with the problem later.

Is it fair? No, but sometimes life hands you a #### sandwich.
Yeah, your right... It probably would be much better to shut up and take it(your lumps).... then, fight it later(in court).

Mostly looking for a way to defuse a potentially volatile situation... but this would likely make it worse.
Reply With Quote
  ^ Top   #9  
Old 08.13.2009
Brickhauler's Avatar
Medium Load Member
 
Last Seen: 2 Days Ago 11.21 AM
Member Since: Oct 2008
Location: Elizabeth CO
Trucker? 27 Years
Age: 50
Posts: 330
My Trucking Photos: 0

Thanks: 33
Thanked: 82 Times
That would be the same as calling 911 on the cop that pulled you over and asking for more cops to show up and put the first cop in line.
I say the best thing to do is keep your mouth shut, don't make it worse and "tell it to the judge" You will never win a battle of wits on the side of the road with a cop.
Reply With Quote
  ^ Top   #10  
Old 09.19.2009
jtrnr1951's Avatar
Heavy Load Member
 
Member Since: Jul 2009
Trucker? No Answer
Posts: 864
My Trucking Photos: 0

Thanks: 341
Thanked: 155 Times
Thats what the US marshalls are for. Don't waste your hard earned money on an attorney. That time in Banning California when the DOT was giving me a ration of shi?, I called the Marshalls on them !! Driver, it wasn't 10 minutes before that blackhawk was landing, right next to me and my truck..
5 minutes later I was on the road, I never heard what took place after I left there. The DOT man is most likely buried out in the desert.............
Reply With Quote
Reply

Truckers' Trucking Forum/Message Board


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off


Similar Threads
Thread Thread Starter Trucker Forum Replies Last Post
Truth or Fiction, you make the call. mc8541ss The World Is A Joke 3 11.19.2008 08.40 PM
Telemarketers told to believe in America or don't call Baack A Discussion About EVERYTHING 6 08.14.2008 09.04 AM
When do you call the Recruiter/Hiring Department? smadronia Questions From New Drivers 5 05.13.2008 11.13 AM
Colorado bill would allow tolls on I-70; OOIDA issues Call to Action Cybergal Truckers News 1 04.16.2008 09.04 AM
FCC Approves Call Letters: K U N T for Low Power TV Station roadkill439342 Electronic Connection 2 07.28.2007 02.51 AM


.


vBulletin Forum Software, Copyright ©2000 - 2008, Jelsoft Enterprises Limited.
Copyright © TheTruckersReport.com - Trucking Forum & Message Board - Truck Driver Discussion - Truck Forum

Trucker Forum Disclaimer: All content, information and opinions (collectively, the "Material") presented on Our Trucker Forum Discussion Board at TheTruckersReport.com are those of the authors of posts and messages (collectively, the "participants") and not The Truckers Report. The Truckers Report does not guarantee the reliability, completeness, accuracy, timeliness or up-to-date-ness of the material presented on the Truck Driver Forum. The material is published "as is," and does not represent the official views and opinions of The Truckers Report or any company. Any reliance upon the Material presented on these forums shall be at User's own risk. The Truckers Report does not review the substance of the content posted by users on these forums and is therefore not responsible for any of such content. The Truckers Forum merely provides a space for its users to express and exchange their own opinions. Privacy Statement.


Search Engine Friendly URLs by vBSEO