Need to dispute a ticket. want to know my chances

Discussion in 'Trucker Legal Advice' started by thesvg, Jun 9, 2011.

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  1. thesvg

    thesvg Light Load Member

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    Hello guys, I fell victim to the DOT 72 hour blitz, and I got placed out of service for a missing clevis pin on my steer axle right side. however the clevis was there, I have an auto slack but the small clevis was not present, but I had been adjusting it by hand ever since. and it was still functional, I tired to explain to the trooper but he did not want to hear any of it, His exact quote was "There is no such thing as an automatic slack adjuster". I got busted for 393.48 but the General rule is that brakes must be functional, which at the time of the inspection it was, but he put they were defective on the report....

    I took lots of pictures. and I plan to take some film with me to court. The fine is 165, but I dont care about the fine. but the OOS smudge I cannot take this lying down. Any of you Vets, or Ex/ Current trooper please lend me your wisdom?

    Thank you!
     
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  3. truckerx1

    truckerx1 Light Load Member

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    You're joking right? You have a defective brake and are actually going to try and fight the citation. Yep that makes trucker sence to me. I was in the wrong but, hey I drive a truck for a liveing so I should be able to do as I please. By your own admission the brake was defective.
     
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  4. Smaggs

    Smaggs Pie Crust

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    Yeah, that's a losing battle. You knew the part was missing. Automatic slack adjuster or not, that needed to be fixed a long time ago.

    No offense.. and certainly not trying to make a personal remark, but that line of thinking is why DOT blitzes us! If not for a small pin, what next? Missing lug nuts? I'm saying... wouldn't it scare you to read something like that from another driver besides yourself?

    I wouldn't have even risked trying to get to a shop like that, let alone just jury rigging it along until a blitz got you busted.

    I recommend paying the ticket. Your penalties risk being much larger if you try to fight it. Learn from it and don't jury rig any more stuff. Wouldn't want to hear about you having a major mechanical malfunction resulting in injury.. or worse.

    Be safe out there!
     
  5. 123456

    123456 Road Train Member

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    talking to an experienced atttorney will increase your odds !!!!
     
  6. 123456

    123456 Road Train Member

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    NEVER ever .............

    Just pay the ticket,

    consult an attorney...first call is free usually !!!!
     
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  7. thesvg

    thesvg Light Load Member

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    slack.jpg

    how is this considered defective? wont that rotate the S cam if I happen to hit the brake? how can this cause an accident?

    I got a warning though, but it somehow turned into a ticket for being two percent over a 10 brake system, this is the first time I know of this garbage, but meh what can I say...


    You sound just like the guy who told me I couldnt beat a ticket for Running with a blow out last year. I was driving slowly thru the highway looking for a safe place to pull over. Then a DOT Tahoe passed through the other side made a U turn and Pulled up behind me, and did his retarded inspection (yes my triangle's were out) and he still gave me a ticket for driving with a flat tire. I took that blown out tire and some pics (with his tahoe in the background) and The clerk had some common sense and said how could of this tire been flat if it blew out LOL neither the less. It got dismissed.

    I am not going to loose any money (rather than the fine) I live about 30 miles from the court house.
     
  8. Hammer166

    Hammer166 Crusty Information Officer

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    Read 393.53... I think he cited you for the wrong thing. Every truck built after 1994 has to have auto-slacks. If you're missing in pin, technically it's in violation. I don't have time to dig into the OOS criteria to see if it qualifies, but I'm with you that it's kind of BS if it was adjusted up and the slack adjuster wasn't slipping (Some autoslacks will not hold if the sensor rod is loose.) HOWEVER, getting the judge to understand the difference between a brake being operative and a slack adjuster that wouldn't self-adjust may be an uphill fight.

    Good luck.... and go buy a freaking clevis pin!:biggrin_255:

    Edit: Just looked closer at your pic... buy 2 clevis pins! You should never use a bolt where a pin belongs, except as an emergency fix!
     
    Last edited: Jun 11, 2011
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  9. Hardlyevr

    Hardlyevr Road Train Member

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    The thing came with a pin, you didn't have one and knew it. That's wrong, period.

    Officer: Uh driver where's your steering wheel?

    Driver: Well it kinda fell off, but I've been driving just fine using these vise grips.

    Officer: Since Bill Engvall does "Here's your sign", I do "here's your ticket"!
     
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  10. Rat

    Rat Road Train Member

    The pin is like, what , 5 cents???? You knew it was gone but still did not replace it. Instead you just climbed under the truck and adjusted your brakes manually??? Now you are crying about failing an inspection?????

    You deserve the smudge on your record.
     
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  11. Rerun8963

    Rerun8963 Road Train Member

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    well by also looking at your picture, by using the nut/bolt you had rendered the automatic adjuster useless, and this does not allow the brakes to stay in adjustment. problem i have having with your posting is that ignorance is not bliss..you knew the 72 hour inspections were coming, but frankly, as a driver, you know that at ANY TIME you can be pulled into a DOT station and be given an inspection. what would you have done then..??

    can you fight the ticket..?? sure, you can fight just about anything you want...but will you win, is yet another question. you may have gotten lucky your last time in court, but now you are dealing with the brake system, are you really feeling lucky now..?????

    from what i am able to see, i see 2 things here..

    1) you showed lack of common sense to get the vehicle repaired properly when this clevis pin was first found to be missing.

    2) you show you have no concern for your brakes to always be in PROPER adjustment at all times.

    now i wonder, that is of course if you are an o/o, and that is "what kind of an o/o are you"..??

    1) a poor one hurting for money,

    2) a renegade that just does not give a flip about his own and the public safety


    you asked for "wisdom", well i'll "give you" some wisdom.....

    in either situation, maybe its time you got rid of your truck and became either a company driver for a company that WILL FIX things

    or just retire altogether...

    i have no sympathy for you, the ticket you got, and the price that some day YOU WILL ultimately pay for your lack of common sense.
     
    Last edited: Jun 11, 2011
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