Not a thing. It was a random level 3. St Louis metro is known to pick off trucks coming and going from the brewery. It was a warning, but as we all know it does damage to the CSA. I have submitted a Data Q challenge, but the system is rigged. The challenge goes to the agency that wrote the dang violation! What do you think they're going to rule?
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Discussion in 'Questions From New Drivers' started by Rune05, Jun 6, 2017.
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As far as I know a warning on the Driver/Vehicle Inspection form cannot be Data Q challenged.
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Yes you can. The officer told me "nobody has been beating it", so he knew what he was looking for, and apparently it's been getting challenged. The same points get assigned whether it's a warning or a citation, so you should be able to challenge it.
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The reason no one can beat a Warning is because there is no way to Data Q it. Therefore the Warning will stand.
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The whole point of DataQ is to fight "warnings"
I'm starting to sound like a broke record, but what most LEO's call a warning is a CVSA violation, but without a city/state citation. DataQ may get rid of the CVSA violation if the officer's supervisor agrees with the driver/company.
If it was a verbal warning, I.E. neither a CVSA violation, nor a city/state citation they there is nothing to fight as there is nothing officially on paper anywhere. -
It's on an official level 3 inspection form, and of course the supervisor is going to agree with his officer. The fact the appeal goes to the issuing agency is the biggest joke of all.ZVar Thanks this.
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Probably because his supervisor is just as big of a piece of ####
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You can't fight written warnings.
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Yet again, you are wrong as there is no such thing as a written warning. If it's on the inspection report it is a violation. If it's not, it's not written down.....
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You're both right.
A written warning is a violation, but since their is no forfeiture they can not be challenged in a court of law.
From the Dataq website :
"
. As a matter of policy, FMCSA considers
the State’s determination on the RDR as the final
resolution of the request and will not change State-
provided data without State consent. "
If the driver can not fight the violation, then the state has no obligation to allow dataq to remove the warning.scottied67 Thanks this.
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