I am in need of some expert advice. I had a rear end collision last July that has been slapping me around. It seems to make me unemployable as a recent student graduate. I was told this ticket would not be a problem but that is not the case. I have hired an attorney he is filing a motion to have the Adjudification witheld and the points removed as a first option (The judge has already agreed to that if the officer that wrote the ticket will agree.) The second option is that I can prove a mechanical failure with a brake cylinder caused me not to stop fast enough to avoid the collision. That will make the whole moving violation disappear. My question is does anyone here know if this will fix my problem or do you know someone I can contact to find out. Any info on this would be great, by the way this is my only MVR blemish in the last five years and only accident in thirty. Thanks in advance for your responses!!!!!!!!!!!
Accident Issue
Discussion in 'Questions From New Drivers' started by Jarhead0849, Mar 17, 2010.
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If your company reports to DAC it will still come back to kick you in the arse.
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so let's see, you plowed into the back of someone. BUT, it wasn't your fault, it was a brake cylinder malfunction, right? then you went to truck driving school, and they told you the accident would not keep you from getting a job. then you graduated and found out that it in fact IS keeping you from getting a job. so now you're trying to weasel your way out of your predicament with lawyers and judges and trying to get things removed from your record. is that about the size of it?
first of all, you caused a wreck. take responsibility for that. second, the trucking school lied to you when they said it wouldn't affect your chances of getting a trucking job. they lied because they wanted the $$$$$$$$ to get you your CDL. I bet they also told you you'd make $80 grand a year and not have to do anything but tour the country, right?
whether or not you can have the "accident" expunged from your record, I don't know. (is the lawyer you're giving more $$$$$$$$ to related to the people who run the truck driving school?) if you do, what are you going to tell potential employers when they ask about accidents? are you going to say you never had one? you'd be lying (which may or may not bother you, I don't know.) also, and trust me on this - they WILL find out. don't ask me how, but they will. this day in age, you can't just erase stuff or sweep it under the rug like you could a few decades ago. and when they find out you've lied, that's the end of it. you can't change what happened. you can't go back in time. you can't undo it. you can't make it go away.
this may not be the answer you were looking for, but what you're asking is how you can "get away" with something rather than accepting responsibility for it. sorry.tater bug Thanks this. -
Well arent you a special kind of #######. All that came to you from what I wrote. I have not and will not hide anything. The people I hit have been taken care of by the insurance company. The attorney is a freind and is not charging me because unlike you some people can have freinds. Yes apparently I put my faith in a salesman that took advantage of me. But you my freind are a rude condesending ####### that thinks he is smarter than he really is. Most be hard going through life like that have a great day.
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wow. I can't believe a new guy would come on here, ask a question, then get all bent out of shape when they don't like the answer. I think this is the first time that's ever happened! doesn't your lawyer "freind" (the one who is giving away what he does for a living - he must be REALLY good,) have all the answers? also, what is "condesending?"
tater bug Thanks this. -
Just my humble opinion but, if you can get a deferred judgement and avoid the conviction that would be worth doing. Will this keep the incident from hurting you? Nope. You still own it.Jarhead0849 and simplyred1962 Thank this. -
A few lessons here, first always fight a ticket. They will always tell you it is no big deal. As a CDL holder every ticket is a big deal and possible career ender.
You didn't say what kind of vehicle you were in when you were in the wreck. If it was a commercial vehicle, and it can be proven you had a defective brake, it is still your fault for operating an unsafe vehicle.
And of course any kind of rear end collision will be viewed as being your fault, no matter what the ticket situation is.Jarhead0849, simplyred1962 and tater bug Thank this. -
Being the first accident I have had in over 30 years there were a few things I was not aware of.
The accident was in a pickup truck prior to my Class a license.(private vehicle)
It was a bump not a slam, into the rear of a Jeep Cherokee as we were moving thru an accident scene.(5-8mph) I caused $450.00 worth of damage to the jeep. No injuries to anyone.
After the accident I traveled approx. 1 mile to the hospital which was my destination at the time of the accident. At which time I realized there was a problem with the brakes.
This was a Friday, Saturday morning the truck was towed to a mechanic to fix the problem.
Monday morning I paid the fine and picked up the truck and that was the end of it, I did not know then that I was going to attend a CDL school. This all happened in July last year. Went to CDL School in Jan.
After I realized this would be a problem I researched some solutions and contacted my "FREIND" (Yes attorneys are real people and can have freinds that they help without a fee. It does not make them any less of a lawyer "CHEIF" just a freind of which I am sure you have few.) he is filing a motion in my behalf. What we are trying to find out is which of the possible judgements might make it easier for me to get a driving job?
I have no plans or have never even mentioned hiding the accident I just want to work.
I do appreciate the constructive conversation and thank those of you for your knowledge. But jumping on me like a lion on fresh meat will always cause me to protect myself.
Yes I am now very aware to take every ticket to the judge no matter how small. -
well, I have zero "freinds," although I do have plenty of friends. and I haven't a clue what a "cheif" is. but good luck to you sir. you'll need it - having an "accident" at the scene of a wreck is about as bad as getting a ticket in a work zone. you might as well have a DWI conviction. another bit of advice as you proceed with your job hunt.... don't keep trying to blame the accident on an alleged equipment malfunction. you'd be better off to tell them that you fell asleep than let them know that you were driving a vehicle with defects. (yes I know a pretrip of a personal vehicle isn't required, but still.) one of my trainers with the first company I drove for fell asleep and rear ended someone (this happened in the company truck.) they didn't fire him.
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What was the ticket for? Failure to control speed to avoid a accident, following too close or reckless driving because it happen in an accident area. Because you have all ready paid the fine which means you admit guilt then how are you fighting this ticket? Can you prove the brake cylinder was bad before the wreck or did hitting the brakes hard during the accident damage the cylinder? Getting it removed from your records would be the best choice, if possible. Good Luck.
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