i was issued a improper lane change violation.have been placed out of service till court.i have a lawyer(still waiting to find out which prosecuter) have been denied unemployment,so i haven't had a paycheck since october.company says i will lose my job if we don't beat this case.
anybody know what my odds are ?
improper lane change
Discussion in 'Trucker Legal Advice' started by ml41551, Dec 1, 2009.
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Were you involved in a accident?
Being placed OOS for just a lane change & nothing else seems harsh.ml41551 Thanks this. -
well i drove off of I-70 near indy,into a field instead of trying to over correct and possibly harm anyone other than myself.a sherrif was first on the scene and he said as soon as i got it towed out of the field i was free to be on my way,but he said the state police were on the way and they would want to get the info also,and they gave me the citations.
my employer said the lane change thing was one of the 7 deadly sins of driving,and if i can't get the charges dropped i would be out of a job.i don't know if i just got mesmerized by the wipers driving 6 hrs in the rain or just fell asleep for a few seconds,and was already on burm when i realized my situation
thanks for any inputLast edited: Dec 1, 2009
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There's no way that you were placed out of service for that long for an improper lane change unless you have a #### load of points already on your license and this put you at the point of license suspension. Your not telling the whole story I'm guessing. Improper lane change is a BS ticket that cops use when they can't figure out anything else to steal money from you for. I'm calling BS on this or else you are not telling the whole story. -
Yeah , I've never heard of a company taking any action on charges , only convictions . Any attorney advertising in trucking magazines can beat this unless you have serious priors .
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the only points i would have are from a speeding ticket(11 mi over)the first few weeks of employment,so it's over a year old.i went into someones yard once to avoid a head on collision with a car in my lane,not cited for anything,cops said there were a lot of accidents at that spot due to a curve and dotted line for other side ended too close to the curve.thanks for your advice.my lawyer is waiting to find out which prosecuter they are using(3 pros. rotation)
Last edited: Dec 2, 2009
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I got a lane ticket back in 07..cause i had to move to the left lane coming to a split in ventura,ca on the 134 ..either i move over to my left lane or i stay right to go into downtown los angles which i was'nt so i moved over and i saw the hwy patrol few feet behind me, seems like he waited for a few min right at the split than turned on his lights.. so i had to try to get all the way back over in afternoon or coming home traffic which is 1-3pm and he told me why i was over there i told him the sign said iam coming up to a split iam not going to la iam goign back to my yard in fontana ,ca ,than he told me you should have waited until you came up to the split than got over.''what sense'' did that make .bumper to bumper traffic iam just following the hwy sign ,so he tried to get me on my license plate saying if my yard is in ''fontana why do the license plate say wy/denver ..i said uhh well officer alot of trucking companies plates are from somewhere else.. i had to strongly explain.. so...he just stared at me haha , walked back came back gave me my ticket haha which later i ''tried'' to fight and talk to one judge he knew right off the back and gave me another date to see another judge thats when the officer did show up and for sum reason he put i was speeding lol in bumper to bumper traffic ?? and i should have waited until the split in traffic and try to move over the 4 lanes to keep straight , either way the judge did'nt have a good answer for me just when i asked him where the speeding come from he said i was when i was'nt ,So he was like i don't know what to tell you and JUST GOT UP i stood there like wtf.? i had to pay plus have 1.5 point on my record . the law wins again
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I have to ask, did you try to argue this in court yourself or did you get an attorney? It seems you attempted to represent yourself.
While I am fully aware that there are BS tickets 'awarded' all the time, my license and record are too important for me to even consider representing myself in court. Recently I did get a BS ticket while on a motorcycle. No arguing with the cop, no smart comments, just smile, don't say anything other than in direct response to questioning, and take the ticket. The officer WILL take notes on the encounter and "anything you say can and will be used against you" even for a lowly traffic violation. I checked out several attorneys specializing in traffic violations, picked one I felt would best represent me, and paid my money. No points, reduced to non moving violation ("equipment violation") and even got a refund since the fine was also reduced. -
To the original poster......start looking for a job.
You're not getting this one back. They're feeding you a line of BS.
I don't care if you win this case or not...you are not going back to work at this company. You had a DOT reportable accident....end of story. With a suspect story to go along with it.
Here's the reason: You left the roadbed, and don't recall what happened. Company and insurance will evaluate that you "blacked out" and refuse to re-instate your job...due to possible health issues.FriedTater Thanks this. -
Your big mistake was representing yourself . An attorney would have been able to get the charge reduced or dismissed .
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