Truckers' Trucking Forum | Message Board | Discussion - The Premier Truck Drivers Forum!  

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

Good Trucking Jobs - Forget Those CRAP Trucking Jobs & Find A Good Trucking Job!




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

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

Important Truckers Forum Notice!

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    #11  
Old 02.26.2007
MIA (Banned or Retired)
 
Member Since: Jun 2006
Location: Grand Rapids, MI
Trucker? 15 Years
Age: 53
Posts: 5,311
My Trucking Photos: 62

Thanks: 181
Thanked: 313 Times
roadkill439342 reputation is Beyond Reputeroadkill439342 reputation is Beyond Reputeroadkill439342 reputation is Beyond Reputeroadkill439342 reputation is Beyond Reputeroadkill439342 reputation is Beyond Reputeroadkill439342 reputation is Beyond Reputeroadkill439342 reputation is Beyond Reputeroadkill439342 reputation is Beyond Reputeroadkill439342 reputation is Beyond Reputeroadkill439342 reputation is Beyond Reputeroadkill439342 reputation is Beyond Repute
Quote:
Originally Posted by stylicho View Post
They both said the cop was on the other side of the interstate or hwy and the cop turned around pulled them over and said they werent wearing their seatbelts. How a cop can see that from across an interstate is beyond me. But there is definately something crooked in the lonestar state. Im looking to buy into a videocamera and installing it near the top bunk to keep an eye on me and if they give me a seatbelt ticket then Ill have something to sue about.
I saw a cop near the Petro in Bordentown NJ watching cars/trucks as they came thru the toll booth with binoculars, and signaling those not wearing seatbelts to pull over for their "awards".
Reply With Quote
Remove This Ad By Registering. Join Our Truck Forum and Trucking Community For Free. Sponsored Links:

  ^ Top    #12  
Old 02.26.2007
mikroos5's Avatar
Medium Load Member
 
Last Seen: 2 Weeks Ago 01.49 PM
Member Since: Nov 2006
Location: Mass.
Trucker? 14 Years
Age: 46
Posts: 621
My Trucking Photos: 2

Thanks: 0
Thanked: 0 Times
mikroos5 has a brilliant futuremikroos5 has a brilliant futuremikroos5 has a brilliant futuremikroos5 has a brilliant futuremikroos5 has a brilliant futuremikroos5 has a brilliant futuremikroos5 has a brilliant futuremikroos5 has a brilliant futuremikroos5 has a brilliant futuremikroos5 has a brilliant futuremikroos5 has a brilliant future
Quote:
Originally Posted by Truckerjo View Post
It wasn't in Texas but I also got a seat belt ticket. I pulled into a scale and got the light to pull around back. I parked and released the seat belt to get my log book from the passenger side dash, At the same time A DOT officer opened my driver door and told me to get my paperwork (um? I was doing that anyways) Well just to make a long story short the officer gave me a seat belt ticket, I tried to tell him I had it on but you know there is no wining with those guys. Paid it (something like $175) and never showed up on my MVR.
you had your door unlocked????? I go into a scalehouse and get pulled in the first thing i do is make sure my door is locked.JMO
Reply With Quote
  ^ Top    #13  
Old 02.27.2007
Truckerjo's Avatar
Road Train Member
 
Last Seen: 1 Hour Ago 12.14 AM
Member Since: Sep 2006
Location: Indiana
Trucker? EX-5 Years
Posts: 1,851
My Trucking Photos: 0

Thanks: 130
Thanked: 246 Times
Truckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond Repute
Quote:
Originally Posted by mikroos5 View Post
you had your door unlocked????? I go into a scalehouse and get pulled in the first thing i do is make sure my door is locked.JMO
Live and learn what can I say.. It did take me for a surprise because when I pulled up there was nobody around, I still have no clue where he came from to be there that fast.
Reply With Quote
  ^ Top    #14  
Old 02.27.2007
MIA (Banned or Retired)
 
Last Seen: 04.03.2008 09.14 PM
Member Since: Jun 2006
Location: Texas
Trucker? 15 Years
Age: 38
Posts: 655
My Trucking Photos: 0

Thanks: 0
Thanked: 0 Times
Bullwinkle is a splendid one to beholdBullwinkle is a splendid one to beholdBullwinkle is a splendid one to beholdBullwinkle is a splendid one to beholdBullwinkle is a splendid one to beholdBullwinkle is a splendid one to beholdBullwinkle is a splendid one to behold
Quote:
Originally Posted by Caveman Charlie View Post
If the cop doesn't show up for court you have to "make a motion" and ask the judge to have it thrown out. He then is suppose to do it.
Exactly. if the cop doesn't show up, they are not going to make you reschedule for something like this. The cop has to be there to testify as to what he saw. If he isn't there, then you are not guilty, case closed.
Reply With Quote
  ^ Top    #15  
Old 02.27.2007
Truckerjo's Avatar
Road Train Member
 
Last Seen: 1 Hour Ago 12.14 AM
Member Since: Sep 2006
Location: Indiana
Trucker? EX-5 Years
Posts: 1,851
My Trucking Photos: 0

Thanks: 130
Thanked: 246 Times
Truckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond ReputeTruckerjo reputation is Beyond Repute
I would not say case closed, courts can pretty much do as they wish. I agree they are supposed to drop it after an officer does not show up but that's up to the judge to grant the state a extension.
Reply With Quote
  ^ Top    #16  
Old 02.27.2007
MIA (Banned or Retired)
 
Last Seen: 04.03.2008 09.14 PM
Member Since: Jun 2006
Location: Texas
Trucker? 15 Years
Age: 38
Posts: 655
My Trucking Photos: 0

Thanks: 0
Thanked: 0 Times
Bullwinkle is a splendid one to beholdBullwinkle is a splendid one to beholdBullwinkle is a splendid one to beholdBullwinkle is a splendid one to beholdBullwinkle is a splendid one to beholdBullwinkle is a splendid one to beholdBullwinkle is a splendid one to behold
For tickets like this, if you contest it, the officer is requested to be present, but not required, at the court date. Not sure how it is in every state, but in Texas, the officer gets paid to attend these court appearances on their days off.

If they don't show, there is nobody else there present on their behalf to request an extension. Generally, they are going to be there though because it is overtime
Reply With Quote
Remove This Ad By Registering. Join Our Truck Forum and Trucking Community For Free. Sponsored Links:

  ^ Top    #17  
Old 02.27.2007
LogsRus's Avatar
"Log it Legal"
 
Last Seen: 1 Week Ago 10.00 AM
Member Since: Nov 2006
Location: Indianapolis, Indiana
Trucker? Trucking Industry
Age: 38
Posts: 2,377
My Trucking Photos: 0

Thanks: 1
Thanked: 32 Times
LogsRus has a brilliant futureLogsRus has a brilliant futureLogsRus has a brilliant futureLogsRus has a brilliant futureLogsRus has a brilliant futureLogsRus has a brilliant futureLogsRus has a brilliant futureLogsRus has a brilliant futureLogsRus has a brilliant futureLogsRus has a brilliant futureLogsRus has a brilliant future
Quote:
Originally Posted by Caveman Charlie View Post
If the cop doesn't show up for court you have to "make a motion" and ask the judge to have it thrown out. He then is suppose to do it.
Ok, It only happened once to me and I didn't say anything but that was umm quit a few years ago l.o.l.

Thanks NOW I know!
Reply With Quote
  ^ Top    #18  
Old 06.16.2007
onexcop's Avatar
Light Load Member
 
Last Seen: 06.04.2008 09.51 AM
Member Since: Jun 2007
Age: 57
Posts: 84
My Trucking Photos: 0

Thanks: 0
Thanked: 0 Times
onexcop will become famous soon enoughonexcop will become famous soon enough
Quote:
Originally Posted by Caveman Charlie View Post
If the cop doesn't show up for court you have to "make a motion" and ask the judge to have it thrown out. He then is suppose to do it.
Tickets are not between the offender and the Judge. The game is played between the offender (Defendant) and the prosecution (Plaintiff). In some jurisdictions the officer takes on the role of the prosecution. The Judge is the referee. The Judge's job is to keep order and rule on procedural matters. If the trial is a "judge trial" as opposed to a "jury trial", he also takes on the role as fact finder and can determine guilt or innocence. If the trial is a "jury trial" the Judge is simply the referee and cannot pronounce the defendant guilty or innocent. However, if found guilty by a jury the Judge will impose the sentence based on the statutory guidelines, either incarceration and/or a fine.

If the case is set for trial and the officer fails to appear, the defendant would make the following motion: "Your Honor, I move to dismiss this case for failure to prosecute, or lack of prosecution". The Judge, as the referee, has a motion before him and will then ask the prosecution to respond. If the prosecution responds with a motion for continuance, the Judge now has both motions before him and must rule on both. The Judge will ask the prosecution if there is "good cause" for the continuance. Good cause is, for example, the officer is absent because he was ill, he was on vacation or administrative leave and not noticed of the trial date, or some other reasonable explanation containing some unforeseeable ground. If the Judge finds good cause the case will not be dismissed, if not, it will be dismissed.

If the jurisdiction is one that allows the officer to prosecute the case without the presence of the attorney for the city or the state, and the officer does not appear, the Judge does not have the discretion to continue the case, unless the officer had previously contacted the Judge and notified the Court of his non-appearance. Any time a Judge continues a case under the circumstances I just described in this paragraph, its because the defendant failed to make a motion to dismiss.
__________________
The content on this post is intended only to provide a summary and general overview on matters of interest and is based upon the authors own experience(s). It is not intended to be comprehensive, nor does it constitute legal advice. You should seek legal, or other professional advice before acting or relying on any of the content within this post.
Reply With Quote
  ^ Top    #19  
Old 06.17.2007
Varmit's Avatar
Light Load Member
 
Last Seen: 02.12.2008 11.24 PM
Member Since: Jun 2007
Age: 32
Posts: 56
My Trucking Photos: 0

Thanks: 0
Thanked: 0 Times
Varmit reputation is Neither Here Nor There
Thumbs up Video Camera

You know, its been a while, but I did run across a driver's post somewhere out there in the big dub dub dub world that ran his video capture through his dash mounted cell/pda phone. He recorded his whole driving day. Said it was possible to do on the low quality setting and with a good size 1 gig card. So in any traffic situation in front of him he was covered. He'd erase the day if there was no incident and repeat the next day.

He also mentioned that he knew of drivers that mounted two additional camera's via Bluetooth that peeked back on driver side and passenger side. Whole set up he said was less than $500 bucks.

I'll post this in tech stuff too. It might bless some people into that stuff.

But for $500 of equipment and very little effort, you get a video record that will head off any potential career ending court case


Varmit
Reply With Quote
  ^ Top    #20  
Old 06.17.2007
Aussie's Avatar
Thunder From DownUnder
 
Last Seen: 09.16.2007 06.10 PM
Member Since: May 2006
Location: Lynchburg, VA
Age: 56
Posts: 229
My Trucking Photos: 0

Thanks: 0
Thanked: 0 Times
Aussie is a jewel in the roughAussie is a jewel in the roughAussie is a jewel in the roughAussie is a jewel in the rough
Australia

Over in AU my older brother was a cop - one thing he said that has always stuck with me and I still do it to this day:
Put your belt on before you start your engine and don't remove it till you stop your engine. And that includes passengers front and rear as it's mandatory that all persons in the vehicle wear a belt - no exceptions.
Reply With Quote
Reply

Truckers Forum Bookmarks - Like This Thread? Tell The World!

Truckers' Trucking Forum/Message Board
Truckers Accessories


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
Forum Jump

Similar Threads
Thread Thread Starter Trucker Forum Replies Last Post
Tickets in the mail(not camera or plane obvservation tickets) Sok Experienced Truckers' Advice 17 05.21.2008 09.48 PM
Some Old Texas Tickets IROCUBabe Trucker Legal Advice 3 05.19.2008 07.23 PM
overweight tickets hunternsc Report A BAD Trucking Company Here 27 05.13.2008 12.40 AM
Traffic Tickets Intheoutfeild Experienced Truckers' Advice 3 04.11.2008 09.16 AM
out of state tickets panhandlepat Questions From New Drivers 21 01.31.2007 11.48 PM


.


vBulletin Forum Software, Copyright ©2000 - 2008, Jelsoft Enterprises Limited.
Copyright © The Truckers Report - 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.


Search Engine Friendly URLs by vBSEO