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$1378 log book AZ

Discussion in 'Trucker Legal Advice' started by trukluvr, Aug 17, 2007.

Page 1 of 3
  1. Aug 17, 2007 #1
    trukluvr

    trukluvr Bobtail Member

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    Aug 17, 2007
    Carson, CA
    0
    Hi all!

    Arizona quoted hubby $1378 for "no log book in driver's possession from 07/20/07 thru 07/27/07" :biggrin_25516:#&$%@*!! Craaaazy fine amount.

    Hubby usually drives locally (works for moving company) and keeps a drivers log for the company (very rarely exceeding 100 miles). On that day he was driving to AZ and had a brand spanking new interstate log book. He told the officer at the weigh station that he drives locally, but was still cited. (He didn't have the local log on him because it was back at the company).

    Also, he was driving a rented Penske truck. He thought Penske covered insurance...apparently not. His fine for that is $928 no proof of insurance.

    YIKES! I'm still reeling from sticker shock...Anyway's any friendly advice or information would be much appreciated. Court date set for 08/27th, he will be driving back to AZ to attempt to contest :biggrin_25524:. What should he bring?

    Sophia
     
    trukluvr, Aug 17, 2007
    trukluvr, Aug 17, 2007
    #1
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  3. Aug 17, 2007 #2
    Ronnocomot

    Ronnocomot Road Train Member

    1,350
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    His toothbrush, LOL.

    Seriously, run it by an attorney.
     
    Ronnocomot, Aug 17, 2007
    Ronnocomot, Aug 17, 2007
    #2
  4. Aug 17, 2007 #3
    Brickman

    Brickman Trucker Forum STAFF Staff Member

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    GET A TRUCKING LAWYER MONDAY MORNING!


    Do a search for "interstate trucker" or actually use that as your web address. It'll cost you $300 for them if he isn't a member. For members its $100.
     
    Brickman, Aug 17, 2007
    Brickman, Aug 17, 2007
    #3
  5. Aug 17, 2007 #4
    Pur48Ted

    Pur48Ted Road Train Member

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    Grand Rapids, MI
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    He didn't need to have the "Local" Logbook in his possession. If he had, (TWO logbooks in his possession) he may have gotten a ticket for falsification. DOT Officers frown heavily on drivers who possess two different logbooks.

    But what he SHOULD have done is fill in the days PRIOR to leaving on the INTERSTATE run in the new logbook before he even left his home terminal. You didn't state where that was, I assume it was California or another nearby state.
    Who was it that "rented" the Penske truck? The company he works for? They might ultimately be responsible for the proof of insurance, but it is ALWAYS the responsibility of the driver to make sure ALL the paper-work is in order BEFORE driving the truck. And he should know that.
     
    Pur48Ted, Aug 17, 2007
    Pur48Ted, Aug 17, 2007
    #4
    Snailexpress Thanks this.
  7. Aug 18, 2007 #5
    Tip

    Tip Tipster

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    These guys are right, not that I'm any authority.

    You should get a lawyer, but I'd go through OOIDA if possible. Those guys may be a lot cheaper than a lawyer you choose from your hometown phonebook.

    The case is flimsy, but it may hold. Your husband should have filled out the log properly, and he should have checked the glove box for the proper paperwork before leaving. If your lawyer can answer these points with valid arguments, you will win at least one battle and maybe even both. Just make sure your lawyer knows the trucking industry and the DOT regs.

    I'll bet the Arizona politicos brag about how low taxes are in Arizona. This is because their outrageous fines make up the difference. All those retirees are gonna be eating filet minon tonight, thanks to your hubby's wallet being made a lot lighter.
     
    Tip, Aug 18, 2007
    Tip, Aug 18, 2007
    #5
  8. Aug 18, 2007 #6
    stranger

    stranger Road Train Member

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    Arizona has always charged more for NO logbook than for a logbook that is way off.

    I found that out the hard way many years ago. Most states would give a large ticket for having a logbook that was seriously behind on hours. This being the case, I would use the old "I must have left it at the truck stop" excuse.

    I tried that in Az., and the fine was over twice as much than if I was way out of hours.
     
    stranger, Aug 18, 2007
    stranger, Aug 18, 2007
    #6
  9. Aug 18, 2007 #7
    trukluvr

    trukluvr Bobtail Member

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    Aug 17, 2007
    Carson, CA
    0
    Thanks guys for the fast responses/advice!
    Here's my follow-up Qs......

    Penske was rented to hubby but via the company account. Can we offer company proof of insurance in court to contest citation?

    Lawyers...OOIDA or Interstate Trucker LTD.? Hubby has no membership. Has anyone used either to fight tickets/citations? (At this point I'm assuming it's useless to send my poor sap to defend himself).

    If lawyers lose the case will we still have to pay lawyer fees and can the lawyer ask for a reduction in fines?

    OH! I've been trying to research this topic everywhere. Is it true that this counts as a mark on his "safety record"? I'm not sure what that is...I see a lot of people mention DAC. Hubs has no idea what that is? Should he (I) be worried?

    Sophia
     
    trukluvr, Aug 18, 2007
    trukluvr, Aug 18, 2007
    #7
  10. Aug 18, 2007 #8
    25(2)+2

    25(2)+2 Trucker Forum STAFF Staff Member

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    the road less travelled
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    I've noticed while driving that lots of rentals end up out behind the chicken coop while their permits and other paperwork is checked, I worked for a DOT magnet before and drove one of three trucks through , the only one that was stopped was the rental, and the paperwork was fine but the driver had an expired medical card, so someone had to go back and pick up the truck.

    Now to your queries.

    The truck was insured under the company's policy, but your husband could show no proof of insurance. It's still a violation per federal and state law.

    I'd go with Interstate, but I admit I don't know enough about OOIDA to have an opinion. Are you married to another Daniel Webster or Clarence Darrow? If not, get a lawyer, especially out of state.

    Fees are less with a company lawyer but have to be paid either way, a lawyer can ask for a reduction but it may or may not happen.

    OK, the last thing is that it is not a moving violation, it will be on his MVR but most employers won't refuse him employment due to that. Don't worry about DAC for the same reason unless his license gets suspended(see below).

    Bottom line, everything he was charged with is actionable, I think he has a better chance on the logbook thing because he doesn't normally have to log, but the only way the other will go away is if the logbook sticks and the person adjudicating this 'sham' figures he has been 'enlightened' enough.

    My stoplight tickets ended up costing me lots more than that over three years. Make sure if he has to pay that arrangements are made to do that or I'm sure he will have his license suspended for non payment.

    IOWA is an acronym meaning 'I Ought've Went Around', they should come up with one for Arizona.
     
    25(2)+2, Aug 18, 2007
    25(2)+2, Aug 18, 2007
    #8
  11. Aug 18, 2007 #9
    trukluvr

    trukluvr Bobtail Member

    5
    0
    Aug 17, 2007
    Carson, CA
    0
    25(2)+2

    Have you ever used a lawyer from Interstate? Do you have a specific suggestion for Arizona?

    Are fees still due whether we win or lose?

    Arizona
    "Arriving Riders In: Zone Of Nail'ur Azzes" ????? LOL That's my attempt.
     
    trukluvr, Aug 18, 2007
    trukluvr, Aug 18, 2007
    #9
  12. Aug 19, 2007 #10
    Gearjammin' Penguin

    Gearjammin' Penguin "Ride Fast-Truck Safe"

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    Central AZ
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    Yep, AZ's found out how much they can make off the truck drivers--this is why every single agency out here has its very own DOT squad. When I got my first-and-only logbook ticket, the judge wasn't going to hear a word. Total kangaroo court if I've ever seen one. How about $375 over 11 AND $375 over 14? Seven hundred fifty bucks!! :biggrin_25510::biggrin_25510::biggrin_25510:

    And the funny thing is, a falsification ticket is only $600. I should have lied. :biggrin_25513:
     
    Gearjammin' Penguin, Aug 19, 2007
    Gearjammin' Penguin, Aug 19, 2007
    #10
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