Question about Careless Driving

Discussion in 'Trucking Industry Regulations' started by Trooperact235, Apr 14, 2009.

  1. Trooperact235

    Trooperact235 Bobtail Member

    5
    1
    Aug 18, 2007
    Wilkes-Barre, Pennsylvania
    0
    I have a question about a careless driving record entered by the state of California. Back in September 2008 I was stopped and given full D.O.T. inspection on I-8W at the Winterhaven Inspection station before Calexico, CA. I was cited for a log book violation. The State of California has entered my violation as a careless driving citation. I have been on the phone all afternoon with California Superior Courts, California DMV, Highway Patrol, and Winterhaven inspection station. All 4 places have told me, they cannot help me. What is entered in is basically the way it is. The D.O.T. at Winterhaven inspection station pulled up my citation on the computer and officer told me flat out that I was NOT CITED for careless driving and he doesn't know why it is like that. He also said there is no way he can help me having that changed. Has anyone else had this problem and resolved? If so, how do I go about it? My next step is to hire a lawyer and file lawsuit against the state. I am not currently working and cannot get a job in transportation with this careless driving record. Working a $10.00 per hour job isn't going to make the bills. I have a house, vehicle, and family to support and the future is looking bad. It's ashame I now on verge of losing everything I have worked for. Any help would be greatly appreciated
     
    PETERBUILT12345 Thanks this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Peanut Butter

    Peanut Butter Road Train Member

    1,343
    417
    Nov 24, 2007
    PO Dunk Idaho
    0
    Basicly you said it already, GET A LAWYER and let him handle it,, he can do more than you can get accomplished.
     
  4. Big Don

    Big Don "Old Fart"

    17,996
    35,640
    Sep 8, 2007
    Utah's DIXIE!
    0
    OK, something here does not jibe. First off, what does a log book violation have to do with "careless driving?" Second, back in the dark ages, when I was a cop in California, there was NO CODE SECTION for careless driving. I've done a little research on this, thinking that those glorious folks up in Sacramento might have decided to add it to the vehicle code. Unable to locate it.

    So I have a couple of questions for you:

    Can you tell me what code section you were charged with? You should be able to get these off the ticket.

    Have you requested a copy of your driver's record from California DMV? If not, I would suggest you get it. It will cost you a few bucks, but the computer print out should tell you quite a bit.

    OK, now I also have another thought. Some other states, (Colorado is one of them), DO have a section pertaining to Careless Driving. This is sort of used as a "catch-all" where nothing else really fits. It is often used after a traffic accident.

    Is it possible that you got a careless driving ticket from another state that is showing up on your driving record in California?
     
  5. Trooperact235

    Trooperact235 Bobtail Member

    5
    1
    Aug 18, 2007
    Wilkes-Barre, Pennsylvania
    0
    Hello, thanks for the reply. Here are the answer to your questions. The code section I was charged with is 34506.3

    I have not requested a copy of my driver's record from California DMV, but will do so tomorrow.

    I have never been cited again in California or any other state for anything.

    Thanks again for the response. Look forward to hearing from you.

    Mike
     
  6. 25(2)+2

    25(2)+2 Trucker Forum STAFF Staff Member

    18,677
    43,103
    Sep 18, 2006
    the road less travelled
    0
    The saying 'to err is human; to really foul things up takes a computer', is applicable. Something got changed when it was entered into the database and no one is in any position to fix the error, it could be something as simple as someone switching your conviction with another conviction entered about the same time, get the lawyer, and get it straightened out, you don't actually have a careless conviction. If it's on the federal database it could be really bad to straighten out.

    I wish it was as simple as it should have been to fix it, it may take a lawyer some time to get through the red tape that has cropped up for you.

    Good luck to you, and keep the board updated, I would like to know how you fare with this, and others probably would as well.
     
  7. Big Don

    Big Don "Old Fart"

    17,996
    35,640
    Sep 8, 2007
    Utah's DIXIE!
    0
    Hmmm. That IS a "catch all":
    http://www.dmv.ca.gov/pubs/vctop/d14_8/vc34506_3.htm

    OK, if you got a logbook violation, it looks like it should be:http://www.dmv.ca.gov/pubs/vctop/d14_8/vc34501.htm
    With of course, the recordkeeping being the key here. So if your citation looks something like:
    Code Violation:
    34506.3
    Description:
    Log Book Violation

    Then THAT is what should be on your record. See what your DMV print out says. I have found over the years that you can get all types of information, both correct and incorrect from various DMV offices. It depends a lot on the individual bureaucrat you are dealing with.

    However, having the print out, will give you some idea of what you have, and if it is incorrect, will give you some ammunition to fight it. It sounds like you still have your copy of the ticket, which is good. You may need it.

    Take a look at your printout and let me know. This sounds like a typical "garbage in/garbage out" computer snafu.

    FWIW, having a log book violation should not prevent you from getting a job. But if you tell your prospective employer that you got a careless driving ticket, THAT could steer them away from you.

    Please let us know what the print out says, when you get it.
     
  8. psanderson

    psanderson Road Train Member

    1,029
    402
    Oct 13, 2008
    Moline, Illinois
    0
    Careless Driving in states that have that infraction is one step less than Reckless Driving. But like Big Don, I have a problem with that. Careless driving is exactly that, but it's not Reckless Driving, and does not constitute a log book violation. One of the only probable or possible causes would be if you were falsifying your RDS for about 15-days and under the state laws there were an option for such an act because you were driving most of that time. What specifically was the log book violation?

    The reason no entity can help you at this time is you were either convicted of Careless Driving and didn't know it, or someone had a fat finger when entering the data into the DMV record. But under either scenario once you were convicted then the conviction stands unless it was appealed.

    But that would be under the CA laws which would need to be researched. Better off getting an attorney for the research and potential appeal. He should also request a copy of the original inspection report for evidence.......tell the cops at the inspection station you will pay for a copy of the report & send a self-addressed, stamped envelope for the copy & see what they say......I'd just about bet they'd send it to you. You must also consider the statute of limitations for an appeal as well. CA may only have a 6-month statute of limitations for appeal of things like this.

    From a retired federal DOT official.
     
  9. dieselbear

    dieselbear Road Train Member

    1,798
    2,800
    Oct 18, 2008
    0
    I agree with Big Don and PSanderson. That is B.S. To be careless driving, in my opinion, would be some driving action. I would think if you called the CHP, the head of their CMV unit might be able to assist. I would then write a written complaint to their chief or colonel, whatever they are called. Request in your written complaint that you wish to be contacted by the investigator. If it is truly a log book violation that is wrong to jam you up like that.
     
  10. Big Don

    Big Don "Old Fart"

    17,996
    35,640
    Sep 8, 2007
    Utah's DIXIE!
    0
    Let's wait and see what his DMV print out says. I would be willing to bet you a donut and cup of coffee:biggrin_25525: that he got his careless driving information verbally from a DMV clerk who was too lazy to actually look up what the real violation was.

    But I could be wrong.:biggrin_25510:
     
  11. psanderson

    psanderson Road Train Member

    1,029
    402
    Oct 13, 2008
    Moline, Illinois
    0
    Here is an example of some states laws:

    Many states, including Michigan, Iowa, Minnesota, and I believe Illinois in the mid-west state that 15 or more miles per hour over the speed limit may not only be considered as excessive speed, but also careless driving. This is why I stated the information Re. false logs. CA may have an exception for things like that.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.