It would also be OK to put 2 dates on each log page IF the grid starts at noon- midnight -noon.
The driver had a couple places where he logged Sleeper then changed it to Off Duty. Also showed Off Duty for 24 hours of 03-15. Did he stay in a hotel? I think not, especially when he showed sleeper then tried to initial it like it was a mistake. The 'other side of the story' Meltom may be refering to is the driver's interaction with the DOT guy regarding where he got his rest. If the driver admitted being in the sleeper at all and not shown on the logs that is a log falsification right there. But writing the driver up for 1 day on 2 different log pages has more teeth to sink into..
FALSE LOG BOOK VIOLATION: Two Dates On One Page.
Discussion in 'Trucker Legal Advice' started by MHC, Mar 16, 2015.
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hope your driver had a learning experience
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He should have and was issued a citation for being stupid and not paying attenetion, and rightfully so,, -
I think it's obvious that the driver made a mistake and was obvious to the cop who wrote this up, as well.
Depending where you are based and the costs involved to travel, I would still recommend pleading not guilty and having a judge listen to your driver explain.
There's the letter of the law, and the spirit of the law. Especially if you have a gps device where you can prove that the driver wasn't unsafe and took a solid 34, the judge may agree that the spirit of the the law in this case is fatigue prevention and safety. If your driver abides the spirit of the law, a reasonable judge just might knock it back to warning, especially considering your CSA score and safety record will be impacted by a violation that isn't actually safety related. Writing the wrong date isn't unsafe.
Maybe just making this self-righteous cop explain himself in front of a judge and making him have to answer your questions in court about why he chose this route will be satisfaction enough.
You might lose, but if you pay it You definitely lose. At least you may walk away with a better respect for the process.
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