You are young here's what u do. As far as that ticket. Find a mom and pop company with 5-50 trucks paper logos most likely and run your ### off I'm not much older then you but I've put more miles behind me and stacked up log books in the closet to the ceiling lol
How do I fight an Ohio DOT driver violation?
Discussion in 'Trucking Industry Regulations' started by moberlyZ, Jan 29, 2014.
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I believe $2750 is the max they can fine you, most of the tickets for this reported lately seem to in the $500 range. -
As a former ohio state trooper I will say this..
If the trooper observed you with the device in your hand they do not have the ability to discern whether you are text..talking or changing station...
and nobody in their right mind would ever confess to texting if asked.. if you go to court to fight it I can tell you that the judge will not split hairs and will side with the trooper...
my advice is before contacting an attorney you can call the prosecutors office in the county the citation was written in..explain your situation.. dont play innocent..and ask what if he could help you out.as.this cost you your job and will prevent you from obtaining further employment..
trust me... they will work with you and will probably offer some kind of reduced offense for you to plead to thus eliminating this from your driving record..
the only other issue would be if he could prevent it from going on your csa...
I know some may not agree with my advice but I am very familiar with how the system works and this strategy has never failed even with a guy I knew with a dui...
lawyers hate this advice because it is all they really do... seen it too many timesBoxCarKidd, NavigatorWife, slowpoke89 and 3 others Thank this. -
It's a bs law?? The reason laws like this come out is because people have been killed in wrecks due to idiots texting and driving...there is also a provision in that law(at least in my state) that allows LEOs to use the cell phone instead of the radio to call into headquarters or in an emergency.
You flipped of a state cop and he flipped you off... And you got away with it??? I wish I could believe that... Amazes me any time someone is talking about a safety related law the anti-government crowd starts screaming... Give me a break, you decided that just because you drive truck there are no rules to follow?? -
He didn't get a citation.... He got a DOT inspection violation... There is no recourse unless it happens thru DataQ.... He didn't get a fine/ticket or anything else... There is no 2k+ fine.... Just a violation that he is gonna have to live with unless DataQ allows him to resolve it.... Good Luck
S M D Thanks this. -
What is he going to say I arrested this guy because I was on my phone and he flipped me off then I flipped him back off? You're foolish the problem with people like you is you live in a bubble wrap life where if you see a cop u sit up straight and hands on 10 and 2 am I right?
I dont want to sit here and argue with you. Save that for your relationshipsNastyWardog and crb Thank this. -
You're career will be over if you don't fight back. Did you hear about the lady that got a ticket for Google glasses well it got dismissed because the officer couldn't prove that she was using it while driving. Can they prove that you were texting while driving?
NavigatorWife Thanks this. -
To everyone else who has offered their insight and opinion, I greatly appreciate the help. Especially from the Ohio State Trooper.
I did as suggested, and contacted an attorney. I have filed a dispute for the examination report. As suggested by my attorney. If this is not solved through this process, there is little that can be done. I am amazed that these violations do not go in front of a judge at any time. It is simply a woman/man who decides yes, or no.
This should be an extremely fun few weeks. -
To my knowledge they have no way to prove it. I however, have documents that can prove that there was no cell phone activity (i.e. texting or phone calls) at the time of this inspection, or several hours before.
Again though, this does not get to sit in front of a judge, because it is a DOT violation report. Kind of a "I said he did this, so he did" type of thing. -
This is how the FMCSA defines texting.
crb Thanks this.
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