Hefty overweigh citation, how to proceed in court?

while parked · Jul 25, 2021

I was driving a truck with a drop axle, and pulling a trailer with a drop axle. I had a heavy load, but was preoccupied with a situation at home and forgot to drop either drop-axles. Once I got to a scale, it dawned on me that my drop axles weren't down. I immediately dropped the tractor axle (on the ramp well before the scales). I went over the scale, and was instructed to pull around and reweigh. I parked in the parking lot momentarily and got out and dropped my trailer axle. This infuriated the officer who came out and yelled at me and told me to raise it back up. He also told me he saw me drop my tractor's drop axle while on the ramp so he instructed me to raise my tractor axle back up, as well. So I weighed with neither drop axle down. The result was a $987 dollar fine. I am a part-time driver and in dire financial shape. I would like to ask the court for a reduction in the fine. The DOT officer... once he started acting decent towards me... said I could go to court and plead not-guilty and see about getting the fine reduced. I really don't understand what this means? It seems like he's saying I have to plead not-guilty in order to plea bargain for a lower fine. I am not hiring a lawyer. I don't have the money. I'm hoping someone here had general experience with this.

buddyd157 · Jul 25, 2021

while parked said: ↑

I was driving a truck with a drop axle, and pulling a trailer with a drop axle. I had a heavy load, but was preoccupied with a situation at home and forgot to drop either drop-axles. Once I got to a scale, it dawned on me that my drop axles weren't down. I immediately dropped the tractor axle at about the point where you get the arrow indicating what lane to be in. I went over the scale, and was instructed to pull around and reweigh. I unwisely parked in the parking lot momentarily and got out and dropped my trailer drop axle. This infuriated the officer who came out and yelled at me and told me to raise it back up. He also told me he saw me drop my tractor's drop axle while on the ramp so he instructed me to raise my tractor axle back up, as well. So I weighed with neither drop axle down. The result was a $987 dollar fine. Before leaving he gave me some advice. He said, if I were you, I would take it to court, plead not guilty, and possibly get a reduction in the fine. My question is about pleading not guilty. I am literally broke. I am selling items just to pay my rent at the end of this month. My credit cards are maxed out with no available credit. I am trying to figure out the court process. The information on the ticket says I can plead not guilty and request a trial. At what point do I ask the judge for a reduction in the cost of the fine?
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well you came to the right place, cuz everyone here IS a lawyer.

best thing you can do, is seek out a REAL lawyer, familiar with trucking regulations, and ask him/her......many times the first visit is free.

D.Tibbitt · Jul 25, 2021

Pay it and go on ur way. An overwight ticket is just the cost of doing business... thats unfortunate u ran into a ######## dot guy that see you made an honest mistake and took advantage of it ... a good guy wouldve seen your mistake reweighed you with axles down and maybe checked paperwork and seen ur good and remind you to pay attention next time.... Taking it to court is going to cost you more money... you are most likely not going to get out of an overweight ticket

BigBob410 · Jul 25, 2021

What state wrote you the ticket?

TripleSix · Jul 25, 2021

while parked said: ↑

I had a heavy load, but was preoccupied with a situation at home and My question is about pleading not guilty. I am literally broke. I am selling items just to pay my rent at the end of this month. My credit cards are maxed out with no available credit. I am trying to figure out the court process. The information on the ticket says I can plead not guilty and request a trial.
Click to expand...

I will be honest with you…if I were a judge and you told me this sob story, you would piss me off. Keep it simple, “I forgot to drop the axles.” The pity party stuff might tick the wrong person off.

Now, my concern about going to trial is, YOU have to pay for that. And money is already tight, correct? An overweight ticket is a non moving violation, it does not hurt your driving record. See if you can somehow get it reduced by calling the court clerk (free), and then see if you can somehow make payments.

Concorde · Jul 25, 2021

What @D.Tibbitt said..I second that..

However if I was in your financial situation I’d go to court without a lawyer. I’d explain my dire financial situation with the hopes of getting a payment plan spread out.

If they’re human, they’ll probably even reduce the fine.

Good luck with it.
Maybe it’s time to reassess your current job situation since most of us out here are killing it right now.
Rates are the best they’ve been in memory and you need to get a piece of it before it’s gone.

Cattleman84 · Jul 25, 2021

What @D.Tibbitt and @TripleSix said.

Chinatown · Jul 25, 2021

while parked said: ↑

I am literally broke. I am selling items just to pay my rent at the end of this month. My credit cards are maxed out with no available credit. I am trying to figure out the court process. The information on the ticket says I can plead not guilty and request a trial. At what point do I ask the judge for a reduction in the cost of the fine?
Click to expand...

In most states, legal aid societies and pro bono attorneys provide free legal services or assistance to low-income individuals. Contact your local legal aid society, state bar, or local bankruptcy lawyers to find out about aid for people who wish to file for Chapter 7 bankruptcy but can't afford an attorney. Filing for Chapter 13 Bankruptcy

PoleCrusher · Jul 25, 2021

while parked said: ↑

I was driving a truck with a drop axle, and pulling a trailer with a drop axle. I had a heavy load, but was preoccupied with a situation at home and forgot to drop either drop-axles. Once I got to a scale, it dawned on me that my drop axles weren't down. I immediately dropped the tractor axle at about the point where you get the arrow indicating what lane to be in. I went over the scale, and was instructed to pull around and reweigh. I unwisely parked in the parking lot momentarily and got out and dropped my trailer drop axle. This infuriated the officer who came out and yelled at me and told me to raise it back up. He also told me he saw me drop my tractor's drop axle while on the ramp so he instructed me to raise my tractor axle back up, as well. So I weighed with neither drop axle down. The result was a $987 dollar fine. Before leaving he gave me some advice. He said, if I were you, I would take it to court, plead not guilty, and possibly get a reduction in the fine. My question is about pleading not guilty. I am literally broke. I am selling items just to pay my rent at the end of this month. My credit cards are maxed out with no available credit. I am trying to figure out the court process. The information on the ticket says I can plead not guilty and request a trial. At what point do I ask the judge for a reduction in the cost of the fine?
Click to expand...

Call the clerk of courts. Explain your financial situation. A lot of states have a process for people who are indegent. You will have to fill out some paperwork showing that you are financially unable to pay the fine. If the judge agrees, they will dismiss or reduce the fine.

while parked · Jul 25, 2021

buddyd157 said: ↑

well you came to the right place, cuz everyone here IS a lawyer.

best thing you can do, is seek out a REAL lawyer, familiar with trucking regulations, and ask him/her......many times the first visit is free.
Click to expand...

Very helpful. Thank you for taking the time to give me your sarcasm.

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