Before you completely forego hiring competent legal representation, consider this. The individuals prosecuting the case for the state are ...LAWYERS...the group of individuals that created the laws and regulations that were violated are...LAWYERS...the judge that will decide your fate is a ... LAWYER....
These people see each other every day. Their living is made from the mistakes and misfortunes of others. Theirs is a lucrative fraternity. The judge you have to stand before might be having lunch with the lawyer that represents you that afternoon. They might be political adversaries, but they WILL know each other. Someone who tries to represent themself, may be seen as depriving one of their own of their "pound of flesh".
Big Trouble, 5 criminal CDL tickets..
Discussion in 'Trucking Industry Regulations' started by phoenixAM, Feb 23, 2008.
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I dont know your history, but if your clean (no history what so ever) plead guilty and let them just reduce or drop those charges and be done with it. Your only human and I'm sure the judge has seen much worse.. Now if you have a nasty history of charges and etc. then please disregard this post.
I got a log book violation a few years ago, 1- falsifying my logbook 2- driving 19 hours without a 10 hour break.
Everyone told me I would be paying heavily for this log book violation! The end result was about 250 bucks. I proved I took a 10 hour break (thanks to Qualcomm) just not where my log book said I was, and plead guilty to falsifying my logbook. I never even went to court, it was all done through mail. I sweated bullets for about 30 days because of what others kept telling me.
I do wish you luck, and hope things go well. -
The virtue of having a lawyer is this... a courtroom is the "office" of their profession. Both sides (prosecutors and defense counsel) are all lawyers by profession, and the great majority of judges are former lawyers, so they all are on a level playing field, in terms of their training in regard to the interpretation of the law as it applies to your case, as well as the procedures of the court. And even small procedural errors on your part, can negatively effect the outcome of your case.
If you come in and represent yourself, you are in effect saying to them, "I do not respect your years of training, I can do this myself... after all I Tivo Law and Order every week!" Given that, how much empathy for your situation will the judge have? There are valid reasons why they so strongly emphasize that they do not recommend that you represent yourself. If the money is an issue, request that the court appoint an attorney for you. It is your right, and at the end of the day, the key word in that title is that they are still an "attorney" and will be seen as more of an equal than you will be seen.
Think of it this way... how much respect are you going to have for a 4-wheeler that says to you, "Hey let me drive the rest of that run for you. I have a drivers license, it's just a different vehicle... after all, how hard can it be?" -
Atleast get a free consult from one before you get screwed by the state and federally screwed. Your on 2 different levels here.. its not like getting busted for 10 over in your pick up truck. -
I still think you need a lawyer that knows the truck laws. That is if you plan to keep your CDL or stay out of trouble. I don't know what will happen but the attitude here seems to be I got my CDL after the fact so take that into account. The judge just might do that when it comes to fines and such but I would bet that you'll get a letter from the state DMV saying your CDL has been suspended for so many days or months.
If the Judge finds you guilty just for the CDL you'll have a class 3 misdemeanor and if you don't report it properly you'll have another one.
Plus, since now you've got your CDL you'll be placed on the MVD "Watch" list for 3 years. Are you sure you want to represent yourself? -
I'll go ahead and take the advice and try to find a good CMV attorney to speak with. I'll also look into obtaining a public defender starting monday. I'll keep you guys posted.
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As my attorney/prosecutor told me "You have to remember one thing, the Judge, the DA, and the Defense attorney all go to the same country club and we all drink out of the same bottle." I agree on a simple speeding ticket you probably can get the same result as with an attorney, but multiple serious charges, that's a big risk to take without counsel. But, they are your dice.
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I an guessing that your reluctance to get a lawyer is a money thing mainly you don't have it. If that is correct and I can stress this enough dude you have to have some legal representation either a public defender or some kind of legal aide because all that prosecutor and that judge want to do is punish you to the full extent of the law. You are not dealing with reasonable people here you are dealing with lawyers all they know is the law and they do not know compassion or common sense and right now you are showing up to a gunfight with a pocket knife you better go find yourself a gun.Good luck and keep us posted I will say a prayer for you.
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If you can try to stick with a lawyer that knows the truck laws. Just because when it's all over the information will be sent to the CMV department of the DMV. Then it will be too late to fix anything with your CDL. If you give up your CDL then your worries go away and you just pay the fines. But you're making smart moves now. -
1) Guilty
2) Not Guilty - then you go before a jury trial
3) No contest
In your case, #3 would have been your best choice (not admiting guilt but not contesting the charges). You might have been able to get some of that "mercy" you sought. This is why you need a lawyer; not necessarily to represent you in court, but provide you legal advice! Consultations are not that expensive.
If you plead not guilty, you now need a lawyer to represent you. Unless you have extensive knowledge of the legal system, don't try to lead a charge on their battle ground.
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