On call Attorney's

Discussion in 'Trucker Legal Advice' started by shredfit1, Dec 8, 2008.

  1. shredfit1

    shredfit1 Road Train Member

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    After reading several post here and in the Industry Reg. section, I've wondered if a trucker should have a good attorney on call???

    Situation:

    A LEO pulls trucker over or stops at w/station and cites driver unjustly(at least in the drivers eyes) for any of a number of things.... which could get worse with continued conversation with the LEO.

    Could a drive call his/her attorney quickly explain the situation and ask the LEO to talk to said attorney instead of the driver. The LEO conversation may or may not be recorded while talking to the attorney.

    Is this possible? Has anyone done this? I would bet, at very least, doing so would cover your butt.
     
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  3. lostNfound

    lostNfound Road Train Member

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    I'm thinking that if you try and interrupt a LEO during the discharge of their duties by calling your attorney and asking said LEO to talk to said attorney ... you're going to need a butt covering all right.

    Plus a $$$ attorney's bill on top of it.
     
  4. RickG

    RickG Road Train Member

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    That would be a very unlikely possibility and unnecessary . Just cooperate and let the LEO write the citation . There is no immediate need to contact an attorney . Just contact the attorney within a few days and let them deal with the prosecutor at the court handling the case . There is nothing to be gained by further antagonizing the LEO and most attorneys aren't available on a moment's notice like that .
     
    shriner75 and shredfit1 Thank this.
  5. shredfit1

    shredfit1 Road Train Member

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    Thanks for the reply, and it makes sense.

    It is just after reading some of these posts, the citation(s) seem to have escalated, due possibly to interpersonal friction between the LEO and driver... Thus, making a need for on site arbitration, or leveling of the playing field... due to some(certainly not all) power tripping LEO's.

    I realize the logistics of having an on call attorney may be impractical and costly.
     
    Last edited: Dec 8, 2008
  6. psanderson

    psanderson Road Train Member

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    Wouldn't work. The cop has the right ti issue a citation if he/she believes someone has violated a law or rule/regulation. The attorney only comes in to play after one has pled not guilty & receives a trial date.
     
  7. shredfit1

    shredfit1 Road Train Member

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    I understand this, however, there is also potential for interpersonal friction between LEO and driver. LEO supervisors refer to it as "contempt of cop" whereas, the LEO can/does take a position that... I'm gonna really stick it to this guy...(ie I'll teach him/her a lesson) Like it or not, it happens.

    Moreover, most/many good attorneys tell clients not to talk to LEO's at all. As there is little to be gained by doing so.... Ideally, the attorney wants to arbritrate. Go to "Youtube" and search for: Know your rights... Talking to the police...(even if you have nothing to hide) A law professor... and veteran LEO talk about why it isn't good to talk to police in this video.... very interesting stuff.

    Again, I realize the logistics of having an on call attorney may be impractical and costly. If not, impossible.

    Of course, no disrespect is intended in any of this... I've actually seen both sides of the fence in this matter... I was a Park Ranger for the LEO part.... And almost had a side arm drawn on me for a seat belt violation(the rookie had his hand on his gun about 80% of the time he was talkin' to me) Made me nervous to say the least. :biggrin_2551:
     
  8. lostNfound

    lostNfound Road Train Member

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    Sure it happens, but I still fail to see how any attempt to bring an attorney in on the proceedings is going to have any effect other than to make things worse. Especially given the scenario above. After the fact, sure. After all, that's what the courts and attorneys are for.

    You can try and discuss things with the officer at the time, but if they are going downhill: Shut. Your. Mouth.

    Take your lumps and deal with the problem later.

    Is it fair? No, but sometimes life hands you a #### sandwich.
     
    psanderson Thanks this.
  9. shredfit1

    shredfit1 Road Train Member

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    Yeah, your right... It probably would be much better to shut up and take it(your lumps).... then, fight it later(in court).

    Mostly looking for a way to defuse a potentially volatile situation... but this would likely make it worse.
     
  10. Brickhauler

    Brickhauler Medium Load Member

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    That would be the same as calling 911 on the cop that pulled you over and asking for more cops to show up and put the first cop in line.
    I say the best thing to do is keep your mouth shut, don't make it worse and "tell it to the judge" You will never win a battle of wits on the side of the road with a cop.
     
  11. jtrnr1951

    jtrnr1951 Road Train Member

    Thats what the US marshalls are for. Don't waste your hard earned money on an attorney. That time in Banning California when the DOT was giving me a ration of shi?, I called the Marshalls on them !! Driver, it wasn't 10 minutes before that blackhawk was landing, right next to me and my truck..
    5 minutes later I was on the road, I never heard what took place after I left there. The DOT man is most likely buried out in the desert.............
     
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