overweight ticket

Discussion in 'Questions From New Drivers' started by Chicago123456, Jun 24, 2021.

  1. Chicago123456

    Chicago123456 Light Load Member

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    Nov 27, 2020
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    my boss told me to go pick up trailer from the BSNF (railroad). it turned out the trailer was overweight. Police stopped me and I was 93k on gross. ticket $4.5K. my company hired a lawyer. lawyer asking me to sign an affidavit that he will represent me in court. I don't work for them anymore ...do they want to screw me in some way ? this is what I got from the lawyer they hired :

    "The overweight ticket you were charged with is and of itself the complaint in this matter. While you were driving for another entity, the actual offense for any traffic violation, including overweight violations necessarily goes against the driver. The Prosecutor of Northlake is offering you supervision on the overweight (which is a business violation and will not harm your CDL) and a decrease in the bond paid by the company you were driving for. All costs for the ticket would be paid out of the bond so you would not owe the court anything additional. Please let me know if you have any questions."
     
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  3. Chinatown

    Chinatown Road Train Member

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    I worked for an intermodal company for about a year. One of the drivers got a ticket similar to yours. On top of that, he was caught dodging the scales.
    Company had to pay it.
    That was in Tennessee.
    You being in Illinois, you'll probably be thrown under the bus.
     
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  4. Brettj3876

    Brettj3876 Road Train Member

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    One of the downfalls of running local cans. Hard to get to a scale downtown chi town. We're there any scales nearby you could of used?
     
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  5. Chicago123456

    Chicago123456 Light Load Member

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    there was no scales i could use. I am a little concerned about "supervision"..it sounds like it will impact my CDL driving record...?
     
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  6. not4hire

    not4hire Road Train Member

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    Ask a lawyer that is working for you, not the company.
     
  7. EuropeanTrucker

    EuropeanTrucker Medium Load Member

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    There is scale right there in Northlake where he got pulled over.
     
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  8. Chicago123456

    Chicago123456 Light Load Member

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    where? between UP on Lake and Lake and 25th ...where is a scale ?
     
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  9. EuropeanTrucker

    EuropeanTrucker Medium Load Member

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  10. Ridgeline

    Ridgeline Road Train Member

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    Wait … op, the statement makes no sense. When were you driving for someone else?

    So because of that, I have a couple questions …

    first is are/were you leased to the company or were you an employee?

    Also were you driving the vehicle under the instructions of the company?

    if you were leased to the company, your contract will be the guide for who pays.

    If you are an employee, then it is all on them.
     
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  11. Chicago123456

    Chicago123456 Light Load Member

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    Nov 27, 2020
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    they made me create my own LLC and they were paying me with checks business to business. that's a trick to avoid paying benefits, SS ,etc. they gave me truck to drive, they set hours and instructions. per IRS code I met definition of an employee. I suspect that when they hired a lawyer to "represent" me in court they came up with some sort of story that sets the blame on me ..hence the supervision deal. lawyer explained : "supervision on the overweight is a business violation" ...well it goes on my record ..so how is it business ??!!
     
    Last edited: Jun 24, 2021
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