How do I fight an Ohio DOT driver violation?

Discussion in 'Trucking Industry Regulations' started by moberlyZ, Jan 29, 2014.

  1. not4hire

    not4hire Road Train Member

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    They aren't, but lawmakers have decided that their need exceeds what the rules are for the general public. They also, generally, don't get a pass on liability if something happens. Although sometimes that is more in theory rather than practise. This is similar to when the HOS get tossed during emergency declarations.
     
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  3. shredfit1

    shredfit1 Road Train Member

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    Cops are not immune from laws. They just will not cite themselves for laws they break. There would have to be a provision in the law that deems them exempt to the law. I would be interested to see this exemption is El Paso, TX law. I'm betting it doesn't exist.

    OK, It is a El Paso city ordinance. It bans cell phone use in a vehicle unless completely wireless or attached to the vehicle. It has no provisions for cops... The ordinance does state, anyone can use their phone while driving to prevent a crime or inform about serious traffic alerts, or emergencies in general.

    So NO, a cop cannot be driving on patrol... pick up his cell phone, call his girlfriend or wife and ask her to pick up milk or let the dog out.
     
  4. PackRatTDI

    PackRatTDI Licensed to Ill

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    Interesting since the authors of the ordinance clearly stated that law enforcement was immune from this regulation. Not the first time the city council has sold us a silk purse from a sows ear.
     
  5. PackRatTDI

    PackRatTDI Licensed to Ill

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    They also told us that hands free devices were ok but that was soon proved not to be the case when people using wired hands free devices and even blue tooth devices started getting tickets. The city council then had to admit that the regulation wasn't quite worded the way they initially said it was.

    The regulation in nearby Las Cruces is worded so that hands free devices are ok.
     
  6. shredfit1

    shredfit1 Road Train Member

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    I just got done reading the ordinance, it's online. Says nothing about officers being immune. It has the emergency clause I stated above.
     
  7. PackRatTDI

    PackRatTDI Licensed to Ill

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    I read the ordinance. You're right it doesn't say that. I'm telling you that's not what the City Council said about the law.
     
  8. shredfit1

    shredfit1 Road Train Member

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    LOL! Sounds like a revenue generator law to me... Yeah, someone probably said it doesn't apply to cops, but it does unless there is a clause, and if there was such a clause it would likely deem they law not valid, as this is discrimination via a subset of people. It's no different than having a ordinance stating, Asians cannot use cell phones while driving unless it is deemed an emergency. All others can. See, pure discrimination.
     
  9. S M D

    S M D Road Train Member

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    Okay if u say so. But it did happen so go ahead and be a female about it. For the record I was in my car. Looked him straight In the eyes and flipped him off.
    He did it right back to me
     
  10. PackRatTDI

    PackRatTDI Licensed to Ill

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    Heh, no.

    Female about it? Nice....
     
  11. moberlyZ

    moberlyZ Bobtail Member

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    For everybody that has checked into this thread, the charges were dropped.

    Long story short, my attorney fought, and fought, and fought. And eventually I had my day in court. (587 miles from home)

    After throwing the phone records at the judge, and the fact that I willingly drove the 550+ miles to sit in front of him and plead my case, he agreed that the charges need to be dropped. Especially considering the fact that the trooper couldn't be bothered by showing up.

    Sooo from beginning to end, it took a mere 5 weeks to wrap this all up. 1400 in attorney costs, but well worth it, in my opinion. I can FINALLY get back to driving.
     
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