I fought one on the DataQ. They sent it back to the same cop that gave me the warning and he wouldn't change it. Lot of good it does.
Verbal warning
Discussion in 'Trucking Industry Regulations' started by RMc87, May 2, 2018.
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I just had a level 3 and received a written warning for speeding. 48 in a 45. On the inspection form it shows speeding 1-5 over. The officer said anything 5 and under won't affect CSA. Thinking he lied. I was considering trying to refuse the warning and ask for a real ticket so I would at least have something to fight but didn't want to turn a level 3 into a 1. It's a scam. They can't write low level speeding tickets without judges throwing them out so they give you something you can't fight.
All he wanted to do was play with my Qualcomm like it was a video game anyway.Aamcotrans and KB3MMX Thank this. -
The officer is correct. There are no CSA points for speeding 1-5.
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That's sure enough what he said. Makes me wonder why he even noted it. He claimed it was the reason for pulling me before he started playing PAC MAN on my E Log.KB3MMX Thanks this.
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Most officers do not know anything about CSA points. When I went thru training and became certified there was no talk about it. What was talked about was not hitting drivers with both citations and inspections since anything listed on the inspection already had to be corrected. I am sure every state is different but I try to never issue both. It has nothing to do with being able to challenge the violation (which can always be done). For me it is more of I see no reason to s#!÷× a driver with both a citation which will result in a fine and possibly points on their record and an inspection.
You can always DataQ a violation on an inspection. Yes they send it to the officer for information but most of the time a supervisor reviews what the officer provides. And you can actually appeal a DataQ 3 times to higher levels. -
Having PC to initiate the stop makes it more likely anything they find during the course of the stop will hold up in court.
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If its a verbal there should not be a record or its not a verbal
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A trucks speedometer is supposed to be correct +/- 5mph. That's why the FMCSA stopped assigning points to 1 to 5 mph over. But when CSA first started they did hit you on it.
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They don't need a reason to pull over a truck. They can pull you over at any point to perform an inspection.KB3MMX Thanks this.
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Without PC, they are relying upon a jury of ordinary folks to decide that a cop can randomly stop a truck for no apparent reason in order to get a conviction for anything they might find. People who aren't working in a highly regulated industry are more inclined to say "that ain't right" and agree that the driver's 4th amendment rights were violated thereby invalidating the stop and everything it turned up. MUCH easier if the stop had a justification easily understood by the jury such as speeding, improper lane usage, tailgating, etc...
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