Need dot consultant? Dot advice

There is a possibility this will be turned over to an attorney, we're attempting to find out approximately how much the ticket will be before doing that however, to make sure it's worth it to pay for a lawyer. We've also spoken with both CALTRANS and the officer's supervisor. Everyone we've spoken to at CALTRANS is surprised this happened, and thought is was odd, but no one is willing to put any thing in writing, since they don't want to get involved in a fight with the Highway Patrol. And the officer's supervisor, is backing his guy. We've also got a call in to our local DOT office but we haven't heard back from them yet. I was just wondering what insight you guy's might have into this, since we've never come accross anything like this before.

 

The amount of the fine doesn't matter . It's the negative impact on your record . All tickets should be fought .

 

I agree with DB,there is something missing
As with all matters dealing with Law Enforcement Agencies,your accused of breaking a law and are presumed guilty,in this case by CHP/DOT.

The less you say the better off you will be,let an Attorney do the question asking/answering.

 

That's exactly right.

 

DRIVERS YOU HAVE THE RIGHT TO REBUTT PREVIOUS EMPLOYER INFORMATION!! This will be a bit in length however please read it!!

Drivers, you have the following rights under "Due Process Rights"

How is the notification to be given?

the required notification must be provided using a written document, sucah as the application form.

Of What Rights Does the driver have to be notified?

• The right to review information provided by previous employers;
• The right to have errors corrected in the information collected by the previous employer, and for that previous employer to re-send the corrected information to the prospective employer; and
• The right to have rebuttal statement attached to the alleged erroneous information, if the previous employer and the driver cannot agree on the accuracy of the information.

Drivers who want to review investigative information provided by their previous employer(s) must submit a written request to the prospective employer. This can be done at any time, including when applying or as late as 30 days after being employed or being notified of denial; of employment.

 

Listen gentlemen, lets be realistic, MOST of the State Police or Safety professionals conducting road-side inspections are always putting safety first.. If you feel its an unsafe location for the roadside, than politely and respectfully ask the official conducting the road-side Inspectors to please consider the location.

 

Federal Motor Carrier Regulations do not dictate overweight tickets, that is established by States and varies from town to town, from municipality to municipality.

 

We have assisted thousands of drivers in having their DAC reports cleaned up. The part you are leaving out is under FRCA guidelines, an item placed on a driver's DAC report can only be disputed ONE TIME ONLY! The success rate of a driver disputing the information themselves is less than 10%. Our success rate is 70% on average.

You were lucky that you have had the items removed but ask the thousands of other drivers who disputed something themselves and lost and are now stuck with the information on their DAC reports for 7 years if they had a choice to do it again, would they do it themselves or hire a team of professionals?

 

how do people in their dually pick up trucks pull car trailers with 3 or 4 cars on them and not get in trouble at the weigh stations as i am almost positive they are over the vehicles weight rating? does it not matter does the DOT just go off what there license plates are tagged at?

 

This thread has been very informative so far, but in all reality just exposing how mostly all the DOT and FMCSA rules and regulations do is create the need for more rules and regulations and non-compliance laws so state DOT can continue to enforce what they call "safety", really just a spiderweb of rules, regulations, fines and consequences that wouldn't be necessary otherwise.. Same way the IRS makes everything complicated, where if it was simple they would have to get a real job..

"Safety" is important to me, using common sense is too, but if I have to choose then "safety" is not my goal anymore..
I don't consider myself an outlaw, but I don't always run exactly legal either, so the few reasonable LEO's don't take this the wrong way.
The reason I say few is because in my experience most DOT's and scales are always lame pricks, they seem to get off on making truck drivers look like liars or incompetent, because they can..

It's around 3 am when I top the hill coming up on the I40 eastbound Knoxville scale and the scale entrance ramp is full, so I bypass along with 2 other's.. Before I get to the 374 exit where I was stopping anyway, the blue lights are behind me.. I pull ove on the shoulder and she comes up and asks for my log book, registration, and license.. I had stuck my log book in the wrong folder and was trying to look for it, and being blinded by her cruiser headlights and maglite in my eyes wasn't helping when she tells me I'm gonna have to follow her back to the eastbound scale.. I was loaded with 50' steel pipe and I'm sure she figured I was heavy.. So on the way back to the scales I had to sit through a few traffic lights and I located my log book and got it caught up.. I pull up on the scale and she comes out for my bills and the rest of my paperwork so I hand her my logbook as well.. She says that I had to produce it immediately upon her request not 22 minutes later, like I had a choice.. Anyway I go park my truck and go inside and 2 hrs later I get cited for:

1. Failing to obey a traffic control device, bypassed weigh station
2. No drivers record of duty status
3. False reportof drivers record of duty status

WTF, how do you falsify a log if you didn't have one..
I'm glad she did write that since I always lawyer up against violations anyway and never just mail it in.. She noted that I had logged 6 hrs driving on a 2 hr trip the day before with no stops to validate that I had falsified my log.. I was in road construction and two backups between Bessemer, AL and Chattanooga, Tn. If I do stop and its under 15 minutes I don't change duty status, but never heard of that or taking to long to get somewhere as being a falsified log.. I guess I'm lucky she only put me out of service for ten hours instead of twenty..