Pre-Trip your wallet and check your license, before climbing behind the wheel.-.-.-.-!
Big Trouble, 5 criminal CDL tickets..
Discussion in 'Trucking Industry Regulations' started by phoenixAM, Feb 23, 2008.
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I thought they (Veterans of OTR) on this forum were being POLITE!
The Judge said " No Mercy ".[quote=phoenixAM;368223]I went to court and spoke with the an assistant prosecutor. She dropped the traffic charge and one of the CMV criminal charges.. She didn't bother to explain why and I didn't bother to ask for obvious reasons. Anyways, she asked me to enter a plea and I simply asked if I could speak with the prosecutor or the judge about the matter. She said in order to do so that I would have to enter a plea of 'not guilty.' So I did and she told me to take a seat in the court room to wait on the judge. About ten minutes later judge entered into the court room and eventually my case was called. He asked how I would plea to the charges and I asked him if the court would have mercy on me inlight of the corrections I made (getting the vehicle fixed, obtaining my cdl etc.) and if it were at all possible to reduce the charges in exchange for community service and a smaller fine. He informed me in a rather irritated tone that "The court does not give mercy." I remained politely composed during my dose of ridicule and though quite discouraged, we agreed on a 'not guilty' plea. Later that day I contacted the prosecutors office and am waiting for him to get back to me (hopefully before my next court date..) in hopes that we would come to an agreeable conclusion on the case.
It seems that some of you are quite critical with the way i'm handling all this. But maybe you could further explain the virtues of having a lawyer represent me. The way I see it.. Unless the lawyer can determine that the officer unlawfully made the traffic stop.. the prosecutions case is completely solid. Think about this; If the officer lawfully pulled me over and I did not have a CDL/DOT and the vehicle was unsafe.. how is a lawyer going to defend me against such a rock solid case? Wouldn't I simply end up paying $300-$600 in attorney's fees, besides delaying the court, and end up paying the huge fine anyway considering the overwhelming evidence against me?
I just need someone to take my case as an individual one. To simply hear me out ya know? I understand where the judge is coming from I guess - if I were DUI or if I had hurt somebody.. But the truth is I was just trying to get on with the days work.
In any case.. if the court finds that I should pay such a fine then so be it. "Ju$tice is blind."[/quote] -
Being that most judges and prosecutors were free range attorneys at one time. There seems to be a gentleman's agreement that their use is needed and therefore respected.
I say get an attorney
During initial appearance the judge will not consider any plea. He must ask for guilt or non guilt. Its the process
Good luck -
you were given sound advise about an attorny and chose to ignore it the people who suggested it probably know from experiance,no lawyer=large fine/ jail laywer=large payment to laywer and lower fine/no jail i definatly know from experiance no laywer=15 days bonded out appealed case spent 2,500 on an attorney no jail(cept the one day i did already) no probation
im thinking i wouldnt have gotten my cdl cause now you have a dac report
and now you cant attend driving school to have the points lowered or cant have your record exponged good luck and no matter how pointless it seems get a laywer not a public defriender they suck and they dont give a #### about you as you are not paying them they really have no interest in your case contact o.o.i.d.a. perhaps they can put you on to a cmv attorney in your area if YOU HAVE ANY DOUBT ABOUT THE VIRTUES OF GETTING A LAYWER ASK O J SIMPSON WHAT HE THINKS THEY HAD A PRETTY ROCK SOLID CASE AGAINST HIM THE LAYWER WILL ASK THE PROSECUTOR TO LESSEN OF DISMISS THE CHARGES -
Alright, The moment we've all been waiting for - the conclusion to my case.
Man I felt like I was getting absolutley no where and that I might as well pay the grand and forget about driving big trucks when...
I finally got ahold of the prosecutor after a week of leaving msg's. He heard me out and at the end of our conversation he had some good news for me and agreed on letting up on some of the charges. All I had to do was show up on my next court date and he'd leave a note with his assistant DA to have her contact him when I showed up.
Well I went into court today and waited patiently until they called me into the court room, sure enough she found the note the DA had left about my case and she called him down to meet with me. Unlike the judge and assistants da's, this guy seemed cool ya know? He was human instead of a money-collecting machine which is honestly how the city left me feeling on my initial appearence. Anyways, I explained my case again and provided proof that I got my CDL and the truck all taken care of. In return he dropped the No Valid Commercial Drivers License charge, along with the Operation of Unsafe Vehicle, and failure to provide insurance/registration stuff as well as the audible air leak charge. In return I had to take the rap for not having my med card on me and the unsafe equipment charge. i.e. the cracked mirror and I also had to plea to 'defective trailer brake' charge. He told me that my CDL should not be suspended because of those charges. But I'm not ruling out anything until a month or two goes by without anything showing up in the mail. My boss paid for the fine which was reduced well--well under $1,000+ that they wanted me to pay to begin with. So all in all I think it turned out alright considering what I was facing pryer to discussing it with the DA. Instead of breaking a leg I stubbed a toe instead ya know?
And..
I looked into getting a lawyer... but on the phone the prosecutor told me that we would be going to trial if i could not come to an agreement on the atleast some of the charges. So consider that before griping on me for not getting an attorney.
Alright well thats that. I got work bright an early tomorrow and considering no notifications from DMV show up in the mail which I don't think they will.. I'll be water/dump trucking legally.
Talk isn't always cheap, it saved me plenty.
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Good, I am glad to hear that it worked out well for you. Now keep your nose clean for awhile.
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wow, that turned out very well for you.
you got lucky and had a decent DA, you wont always be that lucky.....trust me
now that yer legal and all....STAY THAT WAY!!!! -
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However, you seem to have come out smelling like a rose anyway. I'm glad.
What the courts want now-a-daze is not to send y'all to jail.
Nope.
That costs them money.
Money is scarce.
They'd rather collect a smaller percentage of SOMEthing -- than a larger percentage of NOTHING.
It's ALL about the money.
Follow the Money Trail ---
Might wanna spray a little water on it if you're in a water truck.
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only reason i said that is becuase, the next time they wont be so nice.
it sure was hot here in phoenix today, is it normally this bad this early in the year?
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