Was forced by elogs to stop for 30 min break. Eastbound on I40, early morning - rest area full, I stopped at mm 125, top of the hill before you drop into Needles. 19 minutes into 30 min break, ####### CHP bangs on truck (wakes up wife), shining flashlight in, his filthy paws on the truck.
Real smarmy kid. After explaining my predicament he lectures me on his repugnant state's draconian laws, and writes me a citation for " 21718(a) Non emergency stop". Carries a $248, one point conviction. ( The very wide shoulder is posted "emergency parking only", which officer dirt bag told me " The state of California has provided this area as a courtesy to motorists".
It goes to Joshua tree Court - why not needles, I don't know .
Is this classed as a parking ticket? If so, why the 1 point? Should I hire an attorney? If so what to expect?
I don't want to hear what I should have done, I'm on damage control now.
I've never before wanted to drop a punk and punch his face till my knuckles hit pavement. All they want is their citation and revenue.
All informed advice welcome. Please.
California ticket advice please
Discussion in 'Experienced Truckers' Advice' started by blairandgretchen, Oct 7, 2013.
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Technicallly, it is a Emergency Stop because by DOT HOS Rules you were required to take a 30 min. Break and you are a Motorist, you don't need a Lawyer, just fight it yourself. I'm sure a Judge will throw it out.
Ralph4159, Marky84 and blairandgretchen Thank this. -
Contact OOIDA , maybe they can recommend a law/legal service to help.
Had one of those jerks in CA give me a ticket for not being in the right hand lane when I moved over to let traffic merge. Told him I didn't see the sign & he said in this area there aren't any signs I should have seen the sign at the Nevada/California state line. Believe it or not, he said the state doesn't have enough money to put up more signs.Marky84, blairandgretchen and Tonythetruckerdude Thank this. -
Problem - trial by written declaration requires you to post bond ( the amount of ticket). They stamp guilty and take cash . Now what? Trial de novo ?
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Just got done with the same ticket! $250 attorney fee, plead down to failure to obey posted sign.
I was trying to avoid holes in road, had just been passed by 100mph BMW, cop said he couldn't get turned round in time, so he pulled me over instead. No other traffic in sight.
Its been a bad couple of months. -
Unfortunately, you're going to have to Post Bond either way, whether you show up personally or do a Trial by Declaration, regardless it's still less expensive than hiring a Attorney.
Me personally, I would show up in person. Law Enforcement loves to give tickets to Out of State Drivers and Truck Drivers because they know most are just passing through and will just pay the fine.blairandgretchen Thanks this. -
if you don't fight it and pay it, you will get hit with CSA points and on the company....The Joshua Tree thing is because you were in unincorporated San Bernadino County out there. Needles only has jurisdiction inside city limits. Don't expect much sympathy....It was open for us as a convenience but it was disgusting with the trash. They cleaned and paved it and put warnings up that it would be closed if we trashed it again. We didn't listen. ....they let us use the ramps and almost anywhere out of direct view of the travel lanes....just giving you the background that the local person has lived with. There are several places they did this. It's really a shame because they spent lots of $$$ making those pullouts for us and we trashed them.
blairandgretchen and joseph1135 Thank this. -
That is not an emergency stop. They would say that you should have planned ahead instead of waiting till the last minute. Kind of a scumbag move to be honest, seeing as they wanted the stupid 30 minute break. But that's what you're up against.
blairandgretchen, Roadmedic, DoneYourWay and 1 other person Thank this. -
I guess most miss the fact that the driver could have stopped anywhere previous and quite earlier than waiting till the last minute.joseph1135 Thanks this.
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That's what I do. Between hours 5 & 6. Waiting till the last minute causes stress and situations like this. Do your 30 minute break between hours 5 and 6. You will be ok every time.
drvrtech77, Roadmedic and DoneYourWay Thank this.
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