Big Trouble, 5 criminal CDL tickets..

Discussion in 'Trucking Industry Regulations' started by phoenixAM, Feb 23, 2008.

  1. phoenixAM

    phoenixAM Bobtail Member

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    Feb 23, 2008
    Phoenix Arizona
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    Hi guys, I'd like to hear from any arizona CDL class A holder who is familiar with the laws particularily in scottsdale.

    I'm 24 years old and I operate a front loader and other equipment and I have some experience driving desiel trucks as well. I'm also a day laborer when the job calls for it.. I'm a hard working individual, i'm honest, and sometimes, like anybody else, I sometimes make bone head decisions.

    Here's what happened:

    We had a job about 2 miles from where our truck was stationed and I volunteered (stupid, stupid, stupid!) to drive the vehicle to the job site. I was trying to do my boss a favor and I like operating machines/vehicles.. But had I known the trouble I was about to get into I never, ever would of taken the vehicle out on the road P E R I O D.

    I was pulled over less than a qaurter mile up the road by a mobile DOT inspection trap. The Officer pulled me over because he could not see my DOT inspection number which the vehicle did not have..

    Here's what I'm charged with:

    1) unsafe vehicle (out of service violation.)

    2) no valid commercial license (out of service.)

    3) No medical Card (out of service.)

    4) Audible airleak on one of the chambers (out of service.)

    5) Inoperative trailer brakes.

    All of which are Criminal tickets.

    The truck was an empty aeromax water truck with a flat bed trailer.

    ---

    Within 48 hours of receiving my ticket I was able to obtain my ADOT med card and my CDL class A w/ tanker endorsement permit. I should be able to obtain my CDL license before my court date. The vehicle is currently being repaired and will* pass ADOT inspection when the work is finished.

    Considering the circumstances.. is their any chance the judge would defer my sentencing in light of the corrections I've made? If not.. What do you think I'll be facing on judgement day? Do I even have a prayer?

    I know I screwed up big time. And I apologize to the professional drivers on the forum for my actions. Believe me I feel bad enough so their is no need to give me hell.. I'd just like to know what i'll be facing.
     
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  3. Ronnocomot

    Ronnocomot Road Train Member

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    First off, take a breath, I'm sure you will get some good advice on this site.

    Be patient.
     
  4. Ohnoo

    Ohnoo Light Load Member

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    Dec 4, 2007
    CA
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    To be honest no one can honestly say what the judge will or wont do come the court date. The mechanical violations should be cleared up by the vehicle owner and with any luck the judge will toss them. But you will get nailed for the no CDL, no med card and operating an out of service.

    My best advice is Get a Lawyer! Yea its going to cost you but in the long run not having one will cost you more. A lawyer may be able to get the charges reduced. I would also consult with more then one.
     
  5. javelinjeff

    javelinjeff Medium Load Member

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    Aug 30, 2007
    victorville,ca
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    i'm gonna give you the benefit of the doubt here,if you have obtained everything you need to be legal(CDL,medical card,endorsements),most likely if you explain that you were not aware of these requirements,and you now ARE in compliance,the charges most likely will be reduced if not dropped.you are not the first constuction worker this has happened to-a buddy of mine had a grading company,he got nailed for not having a CDL while towing his grader with his dump truck,he showed that he was licensed properly before he went to court and the charges were dropped/suspended but he did have to pay a fine for driving without the CDL.talk to one of those lawyers in your area that give free consultations if you are unsure.
     
  6. MedicineMan

    MedicineMan Road Train Member

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    Woodville, TX
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    If you ever wish to drive a commercial vehicle I wouldn't even consider doing this without a lawyer.
     
  7. GasHauler

    GasHauler Master FMCSA Interpreter

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    Vegas/Jersey
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    First off you've got some worries that the FMCSR cover and you'll loose your CDL right off the bat. You'd be very wise to get a lawyer that know's the regulations both federal and state.
     
  8. Kanman

    Kanman Bobtail Member

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    Sep 7, 2007
    Wichita, Ks.
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    Dress nicely and DRESS NICELY (wear a suit) don't look like a scum bag, be respectful when speaking to the Judge. Act like a gentleman, speak when spoken to only, don't argue, don't volunteer more info than you have to. Show the judge the work (paper work) you have done to become legal.

    Distance yourself from your employer if necessary (depending on how your boss shows up, acts and dresses) Judges know the difference, and you aren't their first rodeo.

    The Judge will know the difference, and hopefully what he/she will see is a hard working young man who made a mistake and wants nothing more to make things right.

    I sincerely doubt your going to do any time in jail, but A LOT of this depends on how you act and present yourself.
     
  9. Highballin

    Highballin Road Train Member

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    Jan 31, 2008
    Cleveland Texas
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    I know a nut that was driving a ex military truck on state road DOT give him tickets for 1 no C.D.L.2 no cab card r ins.3 no regerstration r insp.sticker4no lights at all.5To be short nothing passed.But one phone call and the tickets dissapeared.Money talk U know what walks LOL
     
  10. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    WY
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    Get a lawyer! It can't be stressed enough!


    Google Jim Klepper and see if they can help you. Probably cost you at least $300.
     
  11. phoenixAM

    phoenixAM Bobtail Member

    37
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    Feb 23, 2008
    Phoenix Arizona
    0
    A lawyer may or may not be such a great idea. Usually you can talk to the judge yourself or the prosecutor and ask for a reduced sentence in return for whatever it is they want. The way I see it.. I might just be using a lawyer to 'threaten' taking this to trial. And if the prosecutors office is over loaded with cases they might wanna reduce my sentence just so I get out of their hair.
    But the bottom line is.. the Police Officer got me dead to rights. What's my defence? zip. I'd simply be pleading for the mercy of the Jury. I can do that myself and save the 300.00.

    Anyways, I took my CDL pre-trip/manuevers/on the road test. I passed :).

    So where am I now?

    1) I have my DOT med card.
    2) I have my Class A CDL / tanker license.
    3) I have the vehicles repair/parts receipts.
    4) I have its registration/insurance card.

    I basically corrected everything.. other than driving without a CDL in the first place + unsafe vehicle. Maybe the judge will be pleased with my diligence and hopefully be in a forgiving mood.

    I'll let you guys know how things turn out for me.

    Be safe out there guys and always do your pre-trip inspection!
     
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