72 in a 60 Speeding Ticket AND Level 3 Inspection?

Discussion in 'Trucker Legal Advice' started by MockOverdrive, Apr 15, 2025.

  1. nikmirbre

    nikmirbre Road Train Member

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    I didn’t think any state required probable cause to pull us over?…..
     
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  3. Vampire

    Vampire Heavy Load Member

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    What if the speed "limit" is arbitrarily low in order to generate revenue? Most of these roads do not cater to the customer at all. In fact, there's little if any customer service when it comes to the roads in general. Sit in traffic because they waste money and resources using outdated road construction materials, increased wear and tear on our rigs, blatant waste fraud and abuse because they have to spend the money so they'll get the same if not a larger budget the next year, hence no economization.

    They are so quick to ticket, yet are slow to innovate, expand roadways, offer places to park, don't care if you sit in hours of traffic.....but will have no problem ticketing you for trying to make up time, ticket you while you're waiting to repair your rig outside of the shop.
     
  4. Eddiec

    Eddiec Road Train Member

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    Even if you get the speeding ticket reduced or thrown out in court, it will stay on your PSP report for 3 years. The speeding was the probable cause to do the inspection.
     
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  5. brian991219

    brian991219 Road Train Member

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    Incorrect. If the citation is dismissed then the driver, or carrier, can file a DataQ challenge and it must be removed. Now, if it is just reduced or changed then the driver, or carrier, can file a DataQ challenge to have the amended charge shown and the point value will be reduced.

    The Motor Carrier Safety Planner

    upload_2025-4-16_15-24-43.png upload_2025-4-16_15-24-43.png
     
  6. brian991219

    brian991219 Road Train Member

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    Several do, although the level of probable cause is not the same as if it were a non-commercial vehicle. Many require the officer to notice a visible violation of the FMCSRs, such as a light out, unsecure load or speeding. Example, Indiana motor carrier officers cannot stop you, outside or weigh stations or fixed inspection locations where they pull all trucks into, just to perform a random inspection. Their officers must have a direct observed violation prior to initiating a roadside inspection via a traffic stop. Several states are this way.

    Below is an article that digs into this a little although it does not have a list of the states that require cause to initiate the traffic stop or the states that just being a CMV is cause enough to allow them to make contact for random roadside inspections. This has been a touchy subject for decades as it is a fine line between 4th Amendment violations and the greater good of the public from performing regulatory compliance inspections at random.

    https://ndaa.org/wp-content/uploads/June-2024-CMV-Search-and-Seizure-Turner.pdf
     
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  7. nikmirbre

    nikmirbre Road Train Member

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    Good to know @brian991219 ...Thanks for the article to read. I just always assumed, you have a CDL, you can be stopped at any time.
     
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  8. snicrep

    snicrep Road Train Member

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    I don't warn others of cop presence anymore because I see a lot of a-hole drivers get away with bad behavior, that I hope they get caught . Their own fault.
     
  9. drvrtech77

    drvrtech77 Road Train Member

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    Hell cop don’t need to hide no more they can be right on the open and people will still do stupid stuff going right past them…
     
  10. Eddiec

    Eddiec Road Train Member

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    You can submit a DataQ - but they are not obligated to change or dismiss the inspection violation
     
  11. nikmirbre

    nikmirbre Road Train Member

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    Yeah but, problem is the one who ultimately makes the decision to change it or not is the same officer that wrote the inspection/ticket
     
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