Technicality on citation..?

Discussion in 'Trucker Legal Advice' started by JReding, Feb 15, 2017.

  1. TDD

    TDD Bobtail Member

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    Depends on the court and whether or not they think you will appeal a guilty verdict. I know it's hard for otr drivers to do, but I request a jury trial for every moving violation I get. You almost always get offered a plea deal, and if you prepare you often have a decent shot with a jury. Cities hate jury trials because they take to much time and cost to much so it's a good way to bargain. And tiny towns often don't have enough of a jury pool to show up and will drop the charges. If you get offered a plea you can live with though, take it. Never know what a jury will do.
     
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  3. MACK E-6

    MACK E-6 Moderator Staff Member

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    Not a chance.

    WE on the other hand are subject to crucifixion for not checking that single box though. :rolleyes:
     
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  4. Bakerman

    Bakerman Road Train Member

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    It's all downhill from here. Next thing ya know, you'll be asking who does hair follicle testing! lol
     
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  5. JReding

    JReding Road Train Member

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    I spoke to an attorney's office briefly on Thursday, I'm going to follow up on Monday; it sounds like she may have also been required to do a level III inspection and provide me documentation, as well. I've had a citation (in my car, which, by the way, the officer couldn't have clocked me at what he claimed, but that's another story...) thrown out before for a box not being checked. It may be worth a try, I just don't know how much an attorney typically costs.
     
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  6. not4hire

    not4hire Road Train Member

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    Catching a LEO in a "form & manner" violation seems to be inconsequential.
     
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  7. MACK E-6

    MACK E-6 Moderator Staff Member

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    ...Especially if you happen to land in front of a truck hating judge.
     
  8. m16ty

    m16ty Road Train Member

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    So the question is, did you go airborne or did you hit the shoulder?

    All joking aside, most of the time clerical errors will be overlooked by a judge. If it can be proved that the cop was trying to mislead on the ticket, that's a whole different story.
     
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  9. al_huryn

    al_huryn Medium Load Member

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    When I started driving back in the mid 90s I earned a speeding ticket up in Michigan. Big burly officer huffing and puffing screaming at me, slamming my door, etc. In all the huff he filled out the ticket incorrectly.Not being familiar with MI I sent a check in the amount of the fine and about two weeks later I get it back with a letter saying the ticket was filled out incorrectly and was null and void, and no further action would be necessary.
     
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  10. JReding

    JReding Road Train Member

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    Ohh, if only!
     
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  11. MrEd

    MrEd Road Train Member

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    If no D.O.T. inspection was conducted there will not be a CSA/PSP ding anyway. Tickets without a D.O.T. inspection only affect MVR (maybe, depending on nature of the offense).
     
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