Careless Driving Ticket

Discussion in 'Questions From New Drivers' started by atlhawks2010, Dec 14, 2010.

  1. GasHauler

    GasHauler Master FMCSA Interpreter

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    The school took your money with no advisement on the problems you may face. To me that's just typical on how the school wants your money and doesn't care what kind of driver they turn out. I'd be ashamed to be associated with any business that practices what I consider fraud. They should inform every student on what to expect when they leave and go to work.

    Yes you're going to have problems because any company will look at the applications and take the best record. Maybe you can find a trucking lawyer and fix the problem to where you will not have a huge problem. Good luck to you and you should have been told before any school started.
     
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  3. atlhawks2010

    atlhawks2010 Bobtail Member

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    Dec 12, 2010
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    I am 24 years old and the ticket was October 2009. It was my first ticket in three years. The ticket happened because when I went to pass someone the person I tried to pass would speed up and slow down with me right up until oncoming traffic was on me, who turned out to be a police officer. So...
     
  4. Lilbit

    Lilbit Road Train Member

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    Let me check my logbook
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    That game ticks me right off!:biggrin_25516: Someone plays that one with me, and I find myself wishing for a rocket launcher! People are so rude on the road anymore.
     
  5. Rerun8963

    Rerun8963 Road Train Member

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    yeah, this is something that'll happen to you as a truck driver too.


    sometimes, some people like to think they are God's gift to highway safety and they will do this. like the arse that'll pass you on the highway, everyone is doing just over the speed limit, you know, the flow of traffic..?? then some moron gets in front of you and slows you down the the speed limit.....again, a self appointed highway safety God....
     
  6. midget28

    midget28 Light Load Member

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    What Cheer Iowa
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    I got one back in 05 for a brake locking up 3 feet from a stop sign due to me not be able to bleed one of my calipers correctly and its haunted me ever since. Best of luck to a Ive had a few companies ask for a written explanation of "how" I got the ticket so I think most insurance companies take that one on a case by case deal.
     
  7. atlhawks2010

    atlhawks2010 Bobtail Member

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    Well Stevens didn't like it they denied my application. Im talking to PAM now so we will se how it goes.
     
  8. droudebush

    droudebush Bobtail Member

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    Jun 27, 2010
    crystal lake il
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    I pull FedEx doubles between Harrisburg, PA and Salt Lake City, Utah. This is a dedicated run for 4 day freight, team driving (so it actually gets there in time).

    We are in the mountains of Wyoming, Utah and Pa as often as 4 times a week. The loads schedule out from SLC at 8pm, so we are in the snow, ice and blowing winds from November to May and always at night.

    Last May at around 2am as we were driving through yet another ice covered snowing wind blasting portion of I 80 near Cheyenne where the speed limit was reduced to 35mph, as we were following a snow plow who was kind enough to pace me and about six other trucks at about 15mph, the nose of my tractor started pulling to the right. My drives weren't slipping... the nose just started heading for the ditch. I turned in the direction of the slide (sliding is something we get to do a lot on I 80 in the winter, especially in Wyomng ad Utah) as I have so many times before except this time I was unable to get my equipement straight. I came within half an inch of smashing the tracter into my trailer. I decided since I lucked out, caused no damage created no accident, I would call for a tow truck to get my equipement straight. After an hour and a half into the wait for the tow, a young State Trooper arrives on the scene. I thought he might attempt to offer some assistance, but he said that since he had to get up at 3am he was going to write me up for a crash. When I told him there is no crash or accident, he said, " I'm gonna write you up for something", went to his car, came back 30 minutes later and handed me a ticket for reckless driving. I asked him how was waiting for a tow truck at a dead stop considered reckless driving? He said I should of used chains, Chaines weren't going to solve the problem, my drives were fine, it was my steers that had a mind of there own, I told him. He said he didn't care and repeated, "I had to get up for this".

    It took five calls to five seperate law firms before I was able to find someone to take my case. That was over a month ago and $350.00 later. The best they could do was reduce the charge to careless driving which of course does me no good. If I want to keep driving, I'm gonna have to go to court in Wyoming personaly ( I live in IL ) and try to get this ticket reduced to a non moving violation.

    I've had my license since 2007 (CDL) car since 1976. I have one moving violation that is almost three years old ( turning the wrong way on a one way street out of a parking lot at a train station in my car ). End of report on my MVR.

    I'm all for rules and regulations that make our roads safer for everyone... but this is nuts... because at the end of the day, some cop had is beauty sleep interrupted, I will probably loose my job and most likely will not be considered an eligable candidate by any decent trucking firm who might be looking for drivers.

    I hope the judge lets me explian what happened just like it's written here. Never been in front of one for something like this, have no idea what to expect.
     
  9. BigJohn54

    BigJohn54 Gone, but NEVER forgotten

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    I don't know how Wyoming or your judge will be. I have always had good luck getting silly tickets reduced or dismissed.

    They do have a case though. Anytime you lose control, you are considered to be driving too fast for conditions or in a careless manner. Not saying IMHO you were, but that is what we face out here, those are the facts.

    I think a calm cool collected approach at explaining the circumstance is the only approach. Accept responsibility without admitting guilt. Point out how many years; miles and times you have approached this same situation the same way with a successful outcome. I would point out that even the best drivers, and I'm not the best, sometimes have an unavoidable accident.

    Apologize for getting the trooper out of bed and irritating him. That tells that side of the story without saying he only wrote me up because he was !###$% off. Sit down and think out what you will say. Write it down and recite it if you need to.

    I'm sharing my thought process and approach with you. It has worked more than once for me. Put a positive spin on everything like the trooper part. I guarantee a smart judge won't miss the message. Don't make any excuses, this is important. I may not be telling you anything you don't know and I don't mean to insult your intelligence.

    A judge is a person; if you make contact on the right level he will hear your story. Tell him this has been an expensive learning experience for you and you know it has cost the state too. Ask him to help you protect you profession and means of making a living by reducing it to an equipment violation and still allowing the state to recover some of it's costs. They will sometimes compromise and they will sometimes back down from a lengthy battle to fight an easier fight. Sell sell sell. Just my thoughts.

    Sometimes the deck is stacked and you don't have a chance. If he refused me, I would ask for a continuance and hire another attorney. Personally, I would spend as much as I could afford to make it go away and I would make sure he knew that, if he was cranky.

    I once got a ticket for "failure to yield to merging traffic". This is something that could only happen in a commercial vehicle (truck drivers fault) since merging traffic had a yield sign and was supposed to yield to me. I put on a suit and went to East Saint Louis. When it was my turn, the judge said, "What do you want to do with this?" I said, "Your honor, I am a commercial driver with a license to protect, I will do whatever it takes to get this wrongful ticket dismissed." He said, "Case dismissed."
     
  10. droudebush

    droudebush Bobtail Member

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    Jun 27, 2010
    crystal lake il
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    Thank you so much for your advise. My lawyer told me that last year the judges in the state of Wyoming decided they were no longer going to reduce moving violations to non moving violations... but I am ready to make the most positive impression I can when my turn arrives.

    I actually told the trooper that I was sorry that he had to get up, I said it like I ment it, because to a degree I could feel his frustration. He actually hesitated for a moment... then went back to his car and left. Of course that was after he had already written the ticket.

    I'm going to have to read your post a few more times and let it sink in... To be honest, I was ready to try to win the judge over on the fact that the only reason I got the ticket was because the trooper was pissed that he had to get up in the middle of the night. In retrospect, I would rather be happy than be right.
     
    BigJohn54 Thanks this.
  11. BigJohn54

    BigJohn54 Gone, but NEVER forgotten

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    When I can keep a level head, which isn't often enough, I have always gotten more with a positive spin, real facts and a display of my resolve. I'll be the first to admit, it's much easier to give advice than follow it. Just being detached from the situation makes your perspective much more objective. Good luck!
     
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