penalty for false log and driving while out of service in Tx

BTW, long story short, I was got pulled over for overweight a few years back hauling lumber locally, the scales that should of been closed was open, and I only had 10 miles to go. I was 36k+ and didn't know on both tandem's not to mention overgrossed. The bear wrote me up ONLY over on ONE tandem and told me to get it adjusted, after being on the phone 10 minutes or so he came out and said he had to go, I sign the citation, he took off and I left 5 minutes afterward's. My point is, sometimes you have to roll the dice and this time it was on my favor.

 

How many cases of traffic attorneys getting CSA points removed have you heard of ?

 

If the case is dismissed, there are NO point's involved.

 

Can you find anything to substantiate that ? The CSA points are given when the citation is written . It's totally separate from the traffic ticket system .

 

if inspection was done you get points no matter how ticket works out.if only ticket no inspection than beat it and no csa points, but once they fill out the report not much you can do

 

If the citation I acquired while in my commercial motor vehicle is thrown out in court, can I get the roadside inspection violation that resulted from the same behavior from the same incident removed from my Safety Measurement System (SMS) record? If so, how? Back

A. Reviews of violations that are adjudicated in the State court systems do not automatically result in a change to Federal Motor Carrier Safety Administration (FMCSA)-released data. In order to have a violation removed from the SMS record, a motor carrier or driver must file a request for data correction review in the DataQs system. When a request for data correction review is made through the DataQs system and the request is granted, the organization responsible for the data makes the appropriate changes. The record is then updated in the SMS during the next monthly run of the measurement system. However, users may only use the DataQs system to request a data review on data used by FMCSA.
http://www.csa2010.com/articles/FAQs_CSA_2010.htm

 

Yeah, we have been through this before... but, I have received CSA points from a warning ticket... NO inspection involved.

I have been told by Iowa DOT and MANY on this forum that this is not possible... they need to do an inspection.

Seems not so, in my case... or the state of IL did NOT get that memo.... buddy of mine suggested they might have written up inspection paper work without actually doing an expection.

 

hehe just read the blow your doors off post--well yes sure you may blow my doors off--cause i will let you in my company truck(which isnt governed down)--but still i will get to the same spot maybe 10 minutes after you and will be up close to 8 mpg while you are down to what ?5 mpg----another true hit on your professionalism

 

§ 395.13 Drivers declared out of service.

(c) Responsibilities of motor carriers.

(1) No motor carrier shall:

(i) Require or permit a driver who has been declared out of service to operate a commercial motor vehicle until that driver may lawfully do so under the rules in this part.

(ii) Require a driver who has been declared out of service for failure to prepare a record of duty status to operate a commercial motor vehicle until that driver has been off duty for the appropriate number of consecutive hours required by this part and is in compliance with this section. The appropriate consecutive hours off-duty may include sleeper berth time.
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In other words, if the carrier takes severe disciplinary actions against the driver (i.e. terminating his employment or his lease), the carrier could argue that they do not "permit or require" a driver placed out of service to operate a CMV, and therefore are not actually in violation of the regulations...that the driver acted on his own, against the demands/wishes/expectations of carrier.

It might work...it might not work....but the at least they'd have a fighting chance to beat the fine.

The driver, on the other hand, is the one with the keys who made the decision to run....he's just f#@%ed.

I would imagine if the case against you was so weak that the judge threw it out, you could probably ask that the entire stop be expunged from your record...in other words, a court order requiring the agency to remove any information regarding the stop, so that it appears as though the stop never happened. The judge isn't likely to do this if you plead guilty to a lesser charge or in any other way negotiate a deal. You have to beat it outright.