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Trucking Industry Regulations Wipin' The Fog Off The Log. Forum/Discussion of trucking regulations, hours of service, log books, rules, laws, etc.

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Old 01.13.2009
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14 hour log book ticket

Hi all,

I did not truly understand the 14 hour rule because I was forced into truck driving because our distributor stole over $300,000 from us.

I've only been driving a big rig for over a little more than 2 months. I've never drove anything bigger than a honda civic and never even know how to drive a manual transmission before now. Although I can get the job done, the learning curve has been very immense for me.

I need your comment on how hard is it to fight a log book ticket. From what I was told by the court, all log book tickets are considered "CRIMINAL". Please help because I sincerely did not understand the 14 hour rule until the cop had explained it to me. There was very little documentation on the log papers that I bought.

Before the cop had explained it to me. I just thought that as long as I do not operated (driving & on duty) for over 14 hours in a day, then I would be fine.

How should I approach the judge about this. Will pleading ignorance help remove the criminal charge?

Lastly, I was giving this ticket because I was erroneously pulled in for an overweight ticket. The judge had already ruled that the overweight ticket was an error because I had 2 different scales that proved the weigh station's scale's result was not correct. I had pulled my air brakes at the weigh station. Long story. I'm now just concern about log book ticket that I got.

Thanks for your help.
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Old 01.13.2009
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Quote:
Originally Posted by kenwortht660 View Post
Hi all,

I did not truly understand the 14 hour rule because I was forced into truck driving because our distributor stole over $300,000 from us.

I've only been driving a big rig for over a little more than 2 months. I've never drove anything bigger than a honda civic and never even know how to drive a manual transmission before now. Although I can get the job done, the learning curve has been very immense for me.

I need your comment on how hard is it to fight a log book ticket. From what I was told by the court, all log book tickets are considered "CRIMINAL". Please help because I sincerely did not understand the 14 hour rule until the cop had explained it to me. There was very little documentation on the log papers that I bought.

Before the cop had explained it to me. I just thought that as long as I do not operated (driving & on duty) for over 14 hours in a day, then I would be fine.

How should I approach the judge about this. Will pleading ignorance help remove the criminal charge?

Lastly, I was giving this ticket because I was erroneously pulled in for an overweight ticket. The judge had already ruled that the overweight ticket was an error because I had 2 different scales that proved the weigh station's scale's result was not correct. I had pulled my air brakes at the weigh station. Long story. I'm now just concern about log book ticket that I got.

Thanks for your help.
Looks to me like just too many excuses. Pay the fine, take your lumps and learn from it.

Knowledge talks, BS walks.
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Old 01.13.2009
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It's 14 hours within a 24 hour period...NOT a day.
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Old 01.13.2009
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First thing the judge would say is "Ignorantia juris non excusat" which means, ignorance of the law does not excuse.

From [LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link. :

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Even though it would be impossible, even for someone with substantial legal training, to be aware of every law in operation in every aspect of a state's activities, this is the price paid to ensure that willful blindness cannot become the basis of exculpation. Thus, it is well settled that persons engaged in any undertakings outside what is common for a normal person, such as running a nuclear power plant, will make themselves aware of the laws necessary to engage in that undertaking. If they do not, they cannot complain if they incur liability.
Pay the fine.. Then educate yourself on the safe and legal operation of your rig.
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Old 01.13.2009
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Quote:
Originally Posted by kenwortht660 View Post
I need your comment on how hard is it to fight a log book ticket. From what I was told by the court, all log book tickets are considered "CRIMINAL".

How should I approach the judge about this. Will pleading ignorance help remove the criminal charge?

OK, first things first, you can never plead ignorant due to the fact you are suppose to be a professional truck driver. Not being pissey just the way they see it.

Next thing is do a search on the 11 hour the 14 hour rules and read up on it, there are a ton of excellent post explaining it.

Best deal on the Judge, if you have to see him/her, is to just say I screwed up and leave it at that and hope they reduce the fine. Or just pay the ticket and leave it as an expensive learning experience.


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Old 01.13.2009
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I have no problem paying the fine. I have a problem with the "criminal" mark that they are going to put on my record.
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Old 01.13.2009
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Something you'll have to live with. As I stated above, you have to know the rules when operating under a commercial license. Holding a CDL places you under a completely different set of rules and we have to abide by them.
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Old 01.13.2009
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Quote:
Originally Posted by kenwortht660 View Post
I have no problem paying the fine. I have a problem with the "criminal" mark that they are going to put on my record.
Like it or not. You already have a "criminal" mark on your record. If you have been involved with the law in any way over the past 20 years.

As a driver. You are responsible for knowing and following the law.

A criminal charge, is one that requires you to go to court. To answer the charges. Typically, the fines and penalties are higher.

Attending the Court hearing, is the only difference in a civil vs criminal charge (in the state of Florida) other than the penalties.

Based on that info, a Judge will decide whether you should be penalized at a higher rate IE you're a repeat offender.

You could be given a reduced fine, and placed on probation. Or ordered to take classes for instructions about filling out a log book.

Criminal charges are just BS...and a fact of life now in the US. I have 3 on my record, even though I have never been convicted of anything.
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Old 01.13.2009
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Quote:
Originally Posted by kenwortht660 View Post
I have no problem paying the fine. I have a problem with the "criminal" mark that they are going to put on my record.
It's there, get over it.
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Old 01.13.2009
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Looks to me like just too many excuses. Pay the fine, take your lumps and learn from it.

Knowledge talks, BS walks.
Hey Darrin, I want to apologize for this answer, sort of. This came off the top of my head when reading your op. And it DOES sort of look like too many excuses. I've just seen so many excuses and alibis in my life that I get a little cynical sometimes.

However, I've looked at a the rest of your posts, and believe I may have jumped to the wrong conclusion. From your other posts, it appears that you are serious about being a trucker, and doing it right.

I don't believe there is much you can do here, other than trying to fight the ticket. Which will be an uphill battle. Of course, you can always hire a lawyer and pay real big bucks to have him fight it. And likely still have the criminal record that you are worried about.
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