Log Book Violation Help???

Discussion in 'Trucker Legal Advice' started by smokeyman, Jun 22, 2013.

  1. smokeyman

    smokeyman Bobtail Member

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    Apr 10, 2010
    duluth,ga
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    If i am a co-driver in the sleeper berth and my co-driver gets pulled for speeding, is it legal for the hwy patrol to give me a citation? I received a log book violation stating there was no entry for today, but I was sleeping and I have not driven yet. Can I fight this violation and win and does this affect my driving record and add points?
     
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  3. Oilfieldtrash1

    Oilfieldtrash1 Bobtail Member

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    Jun 22, 2013
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    That's kinda one of those grey areas. Old school says they can't disturb you for any reason if your on your off duty...Was the sleeper closed off from the rest of the truck? Now days troopers are pretty much god in the way the let everyone do what they decide,,,Yes they can give a ticket, and maybe with a lawyer you could fight it. I think you'd need to contact a lawyer and see what they think.
     
  4. DGStrong71

    DGStrong71 Road Train Member

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    Feb 22, 2013
    70° west
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    The sitation is legal and it wad entirely your fault. Your log book has to be current and show that you are in the sleeper. Im solo and I always make sure my log book shows me in the sleeper whenever im on break especially if im breaking in a dot rest haven
     
    smokeyman Thanks this.
  5. smokeyman

    smokeyman Bobtail Member

    23
    4
    Apr 10, 2010
    duluth,ga
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    Thanks for the reply, the curtain was actually open due to no air in the sleeper berth but I was asleep. I will contact a lawyer and see if I can fight it.

    Thanks again
     
  6. Sublime

    Sublime Road Train Member

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    Twin Cities, MN
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    Were you sleeping from before midnight yesterday to the time of getting pulled over today?
     
  7. Roadmedic

    Roadmedic Road Train Member

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    I would think not.

    If your last entry for the day before was to enter the logbook status as in the sleeper, you should have completed the day and the information on it then. If in the sleeper during the time change for the day, you were still current to the last duty change.
     
  8. Oilfieldtrash1

    Oilfieldtrash1 Bobtail Member

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    Jun 22, 2013
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    Still as he said your log has to be updated to your last duty change and if that was what happened they gothca.
     
  9. Roadmedic

    Roadmedic Road Train Member

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    I am thinking the shift for the drivers happened right about midnight which means the log was not current.
     
  10. Sublime

    Sublime Road Train Member

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    Jan 18, 2013
    Twin Cities, MN
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    Why do people have to be so vague when posing questions such as the OP. We shouldn't have to guess unless he just wants sympathy.

    C'mon smokeyman, post up ALL the relevant details and you'll get an accurate answer, although it may not be what you want to hear.
     
    areelius and Rolling Wave Thank this.
  11. kat man

    kat man Light Load Member

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    Nov 29, 2009
    orleans in
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    What state and where did this happen at. This sounds a little shady. Unless there is more to the story.
     
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