Losing my CDL's please advise

Discussion in 'Trucker Legal Advice' started by Zoo Keeper, May 31, 2009.

  1. Zoo Keeper

    Zoo Keeper Bobtail Member

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    May 31, 2009
    Drumore, Pa
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    2007 I recieved a speeding fine in Ohio. My Co. asked my to take a hot load and if I got stopped speeding they would pay the ticket. They did not, so the ticket went through Penn Dot. Supposably you are required to pay a restoration fee, when Penn Dot handles the fine. They supposably notified me that I needed to pay that on top of the Ohio fine. The problem is I did not recieve notification from Penn Dot saying this, as a result I drove a short time on a suspended lic. The Ohio ticket was paid and the restoration fee was paid as soon as I was made aware. Penn Dot now wants to suspend CDL's due to suspension, it took two years for them to decide to ruin my life. I have hired a lawyer and the people I spoke to at Penn Dot encouraged me to fight. My record is spotless other wise. Has any one beat this? Advice would be great or is it time to learn a new trade.
     
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  3. Roadmedic

    Roadmedic Road Train Member

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    The fine is yours. The company took advantage of you.

    The best thing you should have done is run it legal.

    The second is to have got an attorney at the time.

    To lose a license you must of been over 15 mph above the limit.
     
  4. FriedTater

    FriedTater Keeper of The Snakes

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    Mar 25, 2009
    United State of Texas
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    Rules are rules,regardless of how you got to this point the position isn't going to change.(Your wasting your money on a Lawyer)

    In Texas they only Suspend the CDL portion of your License,your Operator Privileges for anything other then Commercial(Auto/Cycle) remain active.
    First Suspension in Texas is 60 Days.
    Since the Rules were changed I believe all States follow the same
    criteria now.
     
  5. grimesjm1

    grimesjm1 Medium Load Member

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    Nov 5, 2008
    Kensington,OH
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    It always pays to get a lawyer. People bash prepaid legal but they have helped me on every ticket i've ever gotten. bascially the lawyer will go before the judge in private...tell him you commited the crime, and you need you license to make a living. the judge will find you guilty of something minor, jack the fine up 2 or 3 times what it was originally, and everybody wins. you just gotta grease the right palms, that's been my experience.
     
  6. TripleSix

    TripleSix God of Roads

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    His license was suspended because of the unpaid ticket, not the speed. His company hung him. He got his DL reinstated, but theyre going to yank the CDL part because of the suspension.
     
    25(2)+2 Thanks this.
  7. PharmPhail

    PharmPhail Road Train Member

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    NC
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    Losing your CDL's? All of them or just the one? How many do you have? :biggrin_25511:
     
    Brickman Thanks this.
  8. FriedTater

    FriedTater Keeper of The Snakes

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    Mar 25, 2009
    United State of Texas
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    I too once thought such things,till I was told by a Lawyer that I was
    perfectly capable of doing what "Lawyers" do without the expense.

    I have approached "The Bench" by letter,phone and in person.
    Using my legal adult age,English language and respectful posture.
    Well over 20 years have passed since I first learned the simplistic's
    of dealing with a human entity(Judge/Justice of the Peace) in a legal US Magistrate(Court).

    All Judges control their Court room,regardless of what the "Law"
    states.Judges can allow,add to,take away from and over look
    ANYTHING they feel necessary to pass final judgment on a case
    in their Court room..

    In Traffic Court its all about "REVENUE",paying a Lawyer to stand on your behalf while the Judge publicly declares your debt for an infraction is absurd.
    Municipalities have established "fines" for infractions,generally there is a baseline (price) that increases with severity of the infraction.

    The Judge controls the top end of the fine scale as well as the "tip/tilt"
    of the scales that symbolize Justice.
    In Traffic Court their basically the same thing,again its about Revenue.

    If you cant respectfully approach a bench,admit your guilt and ask the "Courts Help" in satisfying the financial debt owed and reducing the "reflection" against your driving record then continue to pay some washed up Leech or Fictitious Driver Service for your personal lack of fortitude.

    Defendant accused 67 mph,posted limit 55mph,Fine $185.00
    <insert court proceedings>
    Judgment filed:Failure to show Proof of Liability Insurance,Fine $225.00
    Court Adjourned !

    Thank You Your Honor,Have a Great Day !



     
    GuysLady Thanks this.
  9. Kabar

    Kabar Road Train Member

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    Nov 5, 2008
    Pell City Al
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    1st mistake, you believed the company when they said " we got your back on any legal stuff." Wrong, wrong WRONG, never believe the company cares about you license or you job. They only care about there load. only one who cares acout whether you get a ticket or not is the safety department. And thats only because it reflects on there safety record.

    2 nd mistake, you didn't follow up on the ticket that was issued to YOU and make sure it was taken care of.

    You now get to pay the price, Good luck.
     
    Mtngonzo, dieselbear and GuysLady Thank this.
  10. TripleSix

    TripleSix God of Roads

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    I would say that the FIRST MISTAKE was letting some deskjockey talk him into hotdogging across Ohio!!!!!
     
    dieselbear Thanks this.
  11. Roadmedic

    Roadmedic Road Train Member

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    His license was suspended because he got the ticket. He is responsible for the payment of the fine.

    No company is going to pay the fine. This admits that they wanted the run done illegally.
     
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