Can You fight a log book violation...if yes what are the chances of beating it and any recommendations on lawyers...Thanks
Fighting a Log book violations
Discussion in 'Trucker Legal Advice' started by mitrucker999, Mar 17, 2014.
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[QUOT E=mitrucker999;3905554]Can You fight a log book violation...if yes what are the chances of beating it and any recommendations on lawyers...Thanks[/QUOTE]
Depends on what the violation is. -
Can you tell us what the violation is?If its a normal everyday violation and you're guilty,just pay it and learn from your mistake.
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I think Log book violations .are either right or wrong, there is no gray area to misinterpret anything ...
mitrucker999 Thanks this. -
A lawyer can fight anything, or at least try to. Years ago I got a tickets in Cali for driving in the third lane, lawyer somehow got that violation changed to a log book "infraction" of "not updated duty status".
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Your best defense is twofold: Keep your book legal and, perhaps more importantly, know as much or more than they do about the regs.
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[FONT=Arial, Tahoma, Calibri, Verdana, Geneva, sans-serif]mitrucker999, are you an owner operator? Do you work for a company? Please know FMCSA does offer a system to fight roadside inspections and general logbook violations. Please look into DataQ's. Its a web based portal that allows owners, drivers, etc to fight infractions they feel were unnecessary. I would also recommend you research which infractions you were cited for. ECFR Title 49 will provide you the list of violations which I will provide below. Please note: I have fought many of these and they are very hard to do. The laws and regulations in the trucking industry are very black and white. Most of the time you can overturn infractions which were cited multiple times incorrectly by the officer however, they are challenging. I ask if you work for a trucking company because you should ask a safety official to fight this for you, it is not hard to do and DataQ's makes it easy. Please let me know if you would like help. Good luck!
[/FONT]http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=%2Findex.tpl
https://dataqs.fmcsa.dot.gov/Default.aspx?enc=4orUr4VSakAlYsjxOmHrCeQ158IknHedB20QvqZJtcw= -
I had wrong date on the log but everything else was good -
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Ok you made a mistake. Why waste time and money fighting something little like that?
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