Being charged twice for same log violation

Discussion in 'Trucking Industry Regulations' started by jeremy_abfalter, Mar 24, 2011.

  1. jeremy_abfalter

    jeremy_abfalter Bobtail Member

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    Mar 23, 2011
    Little Falls, Mn
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    Here is the deal in Dec. I got pulled into the Menomonie Wi. Scale on wb94 pulled around back. I grabbed all my paperwork, log book, permit book and headed inside. Long story short, I was not up to date and also got caught in a fib. So I got a log violation and a falsified violation. I was wrong no problem I paid the fine. This month the company I work for had an inhouse inspection for equiptment violations by other drivers and log violations. It turns out everything checks out for me except I am charged for the same violation again. This time federal. Can they do this. Is it double jepordy. WTH will I get twice the points again on my record for the same charge. Should I have made the log legal before turning it in even though I was cited?
     
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  3. jeremy_abfalter

    jeremy_abfalter Bobtail Member

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    Mar 23, 2011
    Little Falls, Mn
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    I want to make it clear the charge is for the same violation same log page same time. "not a seperate incident" their fine refers to the wi ticket.
     
  4. dieselbear

    dieselbear Road Train Member

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    Who charged you when your company did the internal audit? I suppose the State officer charged you in Wisconsin on the day of the inspection.
     
  5. jeremy_abfalter

    jeremy_abfalter Bobtail Member

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    Mar 23, 2011
    Little Falls, Mn
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    Yes the Wi state patrol charged me at the scale. The state patrol of Mn did the inhouse at the company and charged me again. The state of mn required the inhouse because of the amount of violations the compay has had this year.
     
  6. ronin

    ronin Road Train Member

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    No reason at all that an officer couldn't write a citation for an unrepaired logbook violation. That would mean that the issue was never corrected, i.e., you weren't up to current duty status, but left it that way and turned in the day's paper?

    If you caught it up and finished the day out legally, how could there still be a violation in your company's files?
     
  7. 123456

    123456 Road Train Member

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    Re-read the OP,

    I think the "little fib" has something to do with it..............
     
  8. delta5

    delta5 Road Train Member

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    Doesnt this fall under double jeporady?
     
  9. CondoCruiser

    CondoCruiser The Legend

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    Tennessee
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    Our company makes us correct bad logs for audits. It doesn't seem right, but since their is no link or communication between the two states in regards to logs, they each act on their own accord. Kind of reminds me of that "Airplane" movie where they are all standing in line to beat that nun up.

    But if your logs weren't up to date, how can you falsify? Or did he make you catch up and you did it in front of him?
     
  10. end of the road

    end of the road Heavy Load Member

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    Jul 4, 2010
    Northern Canada
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    Yeah that's like being charged for speeding by two cops working radar on either side of the road.

    Fight it.

    Tell us though....what was the fib??????
     
  11. CondoCruiser

    CondoCruiser The Legend

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    I forgot to add, any inspection/stop you should log and maybe it wouldn't be a bad idea to note the violation. That probably would of prevented the double jeopordy in an audit.
     
    Boardhauler Thanks this.
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