DataQ and fighting a ticket, can I get it removed?

Discussion in 'Experienced Truckers' Advice' started by 4noReason, Dec 2, 2022.

  1. Moose1958

    Moose1958 Road Train Member

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    Allow me to say something that was just pointed out to me. This cop UNDER PENALTY of Perjury signed BOTH of those documents. He is NOT going to come to court and tell a judge he lied or was not sure. In court, if the prosecutor asks him what happened he can't change the story in court. What might happen though is they may just nolle pros that ticket. If this happens you are back where you started with regard to the CSA situation. Nolle pros is not a conviction or a finding of not guilty. It just means the court just decided to not prosecute you! If the cop and the prosecutor speak before court I can see this happening.
     
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  3. 4noReason

    4noReason Road Train Member

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    darn. this worries me. thanks for heads up. i guess at the end of day its a gamble right now. the waiting game is the worst. but i must have some hope. even though i prob will lose
     
  4. Moose1958

    Moose1958 Road Train Member

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    It was never my intent to scare you. I am hoping you will go forward regardless of this outcome maybe a bit wiser. As a trucker, the decks are already stacked against you. You pick your battles based on experience. At worst, you will have some CSA points, a light pocketbook, and some points against your CDL. I would expect to hear from safety though. Most carriers will call you in OR write you a warning letter for a table 2 violation.
     
  5. 4noReason

    4noReason Road Train Member

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    oh ya they mad. they already told me. im getting fined by my company for this. prob 200-400$ 100%. im going in super humble but at same time realistic. it looks liks the days of lawyers helping are over.
     
  6. ZVar

    ZVar Road Train Member

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    Not really. Just look.on this fourm for all the people that got a citation and did get it reduced. Don't take what someone says that hasn't been a driver for a decade on the current state of the industry just because he posts a lot.....
    For example in the last 6 months I know of three people that got the charges reduced. I know of no one that didn't, although I do know several that didn't even try to get the charges reduced.
     
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  7. Moose1958

    Moose1958 Road Train Member

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    You seem to be one of those types that want to stay on one extreme or the other. Even to the point of misconstruing a comment for the sole purpose of trying to make it wrong. NOWHERE in this thread have I said it is impossible to get a charge reduced. Again I am attempting (for the 3rd time now) to stay general and broad with my comments because the dang courts all over the US handle these things differently. I think every driver that feels strongly about a case should fight it. Hire an attorney because a lot of tickets over a short period of time (EVEN IN A POV) can wreck a driver's career. In fact, I know just about as many drivers that did get a moving violation changed as those that were not able to do so.

    I also DO NOT want ANYBODY to take my word for anything. I am a human and can make a mistake JUST as you can. This OP needs to hire an attorney or at least speak to one in Iowa to see what their options are. As to my being out of this job for a decade in fact I am almost to the day exactly 10 years. I left this job in Dec of 2012. YOU DO NOT know anything about me. You do not know who I stay in contact with. You really need to stop sometimes and re-read before you type out something as foolish as that diatribe you just wrote directed at me and hit that enter key!

    I am also waiting to see where I said it is impossible to get a charge changed!
     
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  8. 4noReason

    4noReason Road Train Member

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    thx 4 info.
     
  9. 4noReason

    4noReason Road Train Member

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    i appreciate u. u def gave good advice to me. and ur a great writer btw.
     
  10. Moose1958

    Moose1958 Road Train Member

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    I am FAR from perfect. I am 64 years old and the son of a trucker. I have been in and around truckers all my life. When I give advice I am giving advice from my almost 30 years of driving as well as advice handed down to me from drivers that drove in the 1930s 1940s and 1950s. While I do my best to be as accurate as possible sometimes I make some bonehead mistakes. I try to learn from those mistakes and go forward. I have a soft spot for new drivers because they need mentoring. I also do a lot of what @Chinatown does but on a more direct basis directly with friends in the industry.
     
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  11. Rideandrepair

    Rideandrepair Road Train Member

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    The pre paid lawyers seem to be pretty good at getting tickets reduced. I haven’t had one in 13 yrs. But I had a few within a year I’d so. First one was 15 over, I tried to fight it in court. I got convicted, and didn’t appeal it. Within 2 yrs. I got a careless (or wreckless) ticket as a result of my first and only accident ever. My Attorney got it changed to improper equipment. They usually succeed. That’s been my experience, along with a couple friends, about the same time. All 3 of us almost lost our CDLs, after years of no tickets. The cops everywhere were hungry for revenue in 08. Regardless years ago, 1994 roughly, my Dad had 3 in a row. 2 serious. Living in Illinois at the time. Almost lost his too. Lawyers beat all 3. Hire one of the Trucker Lawyers. They usually get it reduced, be ready to possibly pay a big fine. The careless turned into an equipment violation (0 points) in NJ cost me $800 in 08. Well worth it.
     
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