Question about Careless Driving

Discussion in 'Trucking Industry Regulations' started by Trooperact235, Apr 14, 2009.

  1. Trooperact235

    Trooperact235 Bobtail Member

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    Aug 18, 2007
    Wilkes-Barre, Pennsylvania
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    I have my DMV report in hand. Conviction date is 9/9/2008, CA-Inattentive/Careless Driving V/C-Code 1059 2 pts on license. On the original citation and inspection report which I have copies of, have written only log book violation, nothing remotely close to a careless driving citation. When I spoke to D.O.T. again this morning, they stated again I was not cited for careless driving, just the log book violation, and there is nothing they can do to change it on there end. Ofcourse California Superior Courts says they can't help and sends me to California DMV and they say they can't help and I need to talk to Superior Courts again. I am almost on a first name basis with these people.
     
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  3. psanderson

    psanderson Road Train Member

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    Oct 13, 2008
    Moline, Illinois
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    What specifically was the log book violation?
     
  4. High Desert Dweller

    High Desert Dweller Medium Load Member

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    Jan 29, 2009
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    Click on this link and scroll down to 34506.3:

    http://tcotrel.tripod.com/pointcountsx.html

    California lists this as a safety regulation violation which counts as one point on your record. Nowhere is careless driving mentioned. I think you have good cause to appeal that decision if it's still possible.
     
  5. Trooperact235

    Trooperact235 Bobtail Member

    5
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    Aug 18, 2007
    Wilkes-Barre, Pennsylvania
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    Cause of the log book violation was being behind approx 20hrs behind
     
  6. psanderson

    psanderson Road Train Member

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    402
    Oct 13, 2008
    Moline, Illinois
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    Then you need an attorney and hope the statute of limitations will allow the correction as it appears to be a fat finger on the computer.
     
  7. Big Don

    Big Don "Old Fart"

    17,996
    35,644
    Sep 8, 2007
    Utah's DIXIE!
    0
    Yeah, I'm afraid I have to agree with the attorney bit. Since NOBODY is willing to step up to the plate on this and keeps kissing you off.

    I just HATE that!:biggrin_25516:


    Good luck and let us know how it turns out.

    FWIW, I don't even FIND a section 1059 of the vehicle code. There is a 1059 in the civil code, but it just doesn't even come close. . .
     
  8. Travelguy2009

    Travelguy2009 Bobtail Member

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    May 8, 2009
    Mesa Arizona
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    Can t CA DMV send you a copy of what they are looking at? If what they are looking at is in type or print then they should be able to provide you with a printout to prove your case. On another note I ve heard drivers refer to CA as the republic of california because they make it up as they go along.
     
  9. witchwaywest

    witchwaywest Medium Load Member

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    Dec 8, 2007
    Monroe New York
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    Try this.Download form DL207 from the CA DMV.Drivers license record correction request.It's fairly self explanatory.You will need to request some paperwork(DL157) from the court that had jurisdiction for your ticket before mailing this form to DMV.Calexico would be Imperial county.That court in Imperial county does have a website as do they all.DL207 also has a contact number in Sacramento for the DMV division that handles these types of requests.That DMV division is the one you want to talk to and the court in Imperial county.Nobody else.The only problem I forsee is the court may have to contact the issuing officer for a code correction and a statement.If you do what I stated above things should work out for you but it will be a slow process so be patient.
     
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