Defenses to IL town overweight ticket

Discussion in 'Trucker Legal Advice' started by ichudov, Jun 10, 2016.

  1. Pmracing

    Pmracing Road Train Member

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    That sounds very familiar to my reply... Hehehee

    But they need to prove it was the nearest scale.

    Mikeeee
     
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  3. Skate-Board

    Skate-Board Road Train Member

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    Lol....Sorry. I didn't read the previous posts.
     
  4. HalpinUout

    HalpinUout Road Train Member

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    I'm wondering if he was stopped on the border of Elmhurst and Melrose park on North Ave where their is a sign stating through trucks prohibited?
     
  5. x1Heavy

    x1Heavy Road Train Member

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    Sure. Refer to your company's prcedure regarding seals and reseals.

    The advice is really bad for anyone stupid enough to blindly do it without taking extra time and learning all about seals and how to or how not to work with them.

    There are certain seals such as US Customs Red Ball that are holy and not to be touched. So it's overweight. #### it. Start writing tickets, turn em in to the dispatcher with the papers. It sometimes came out to enough in fines that will wipe out potentially the entire profit for the month.

    Times have changed in my day versus what they do not allow today and a lot of it is unfortunate because it is all it is. A story of what it once was.

    Remember I give out information as best as I know it, and it is flawed in many ways and should be taken with a grain of salt or a check into the regulations, company rulebook or consulting with a lawyer or other specalist before attempting. Some of the information I impart take the form of stories and a small portion of it I mark /lunch counter talk to show that it is just that> talk.

    I still stand what I said. Get 10 dollars and go find yourself a cat scale. Get it legal. If you cannot get it legal, and cannot already have a permit (As usual for containers going to and from the sea... for example) then that load has to go back to the shipper to get reloaded on to two trucks or even three.

    Expensive yes. But a #### sight cheaper than a weight station violation ticket which is usually in the thousands of dollars. And opens the door for further more careful inspections against your company truck, papers and permits and driver. And so on etc etc etc A really bad day might put you out of business.

    Worst advice? No such thing.

    There is however such a thing as critical thinking and understanding why people do the things they do and how to detect problems early before it really becomes a problem.

    Every day I learn something new. Or changed. That either discards or hardens what I know to be true or false.
     
  6. Ridgeline

    Ridgeline Road Train Member

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    Look it is simple, you bring these things up in a local court and the judge will not be kind to you. This is nitpicking, especially without legal counsel.

    There is no guilt or innocences, this isn't a criminal charge, it is a civil issue with an overweight ticket. Ask the fine to be reduced or the ticket tossed, that's all you can do.

    You got the ticket?

    You got everything you need.

    Why?

    Just get it over with.

    I handle overweight tickets that are our driver's fault like this.

    I get the ticket sent to me. Usually fedex overnight.

    I call the driver and ask, if it a sealed load (which is rare because we don't like to do sealed loads), I call the company I'm leased to and work it out with them. If it is on a flatbed, I ask if it was scaled, and they say yes, I call CAT and tell them what's going on. If they say no, then I call the court and ask them if they take a check and where I can send it to. I spent more money chasing solutions than I do just paying it. Sure my lawyer can call someone to get it dismissed but it sometimes makes more sense just to pay it and move on.
     
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  7. Manny M

    Manny M Light Load Member

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    The problem is, the nearest scale I know about is 20 miles south in Bolingbrook.
     
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  8. Skate-Board

    Skate-Board Road Train Member

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    I'm sure a judge will dismiss the charge. Probably the clerk of courts before you even go in.
     
  9. Pmracing

    Pmracing Road Train Member

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    New scale at 294 and North avenue.

    Mikeeee
     
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  10. Pmracing

    Pmracing Road Train Member

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    Arlington Heights, IL
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  11. ichudov

    ichudov Heavy Load Member

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    Berkeley, IL
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    Yes, exactly
     
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