Fighting a Log book violations

Discussion in 'Trucker Legal Advice' started by mitrucker999, Mar 17, 2014.

  1. mitrucker999

    mitrucker999 Bobtail Member

    Joined:
    Mar 17, 2014
    Messages:
    3
    Thanks Received:
    0
    0
    Can You fight a log book violation...if yes what are the chances of beating it and any recommendations on lawyers...Thanks
     
  2. mattbnr

    mattbnr Road Train Member

    Joined:
    Aug 19, 2010
    Messages:
    1,950
    Thanks Received:
    837
    Location:
    Tama,Iowa
    0
    [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.
     
  3. pattyj

    pattyj Road Train Member

    Joined:
    Jul 19, 2008
    Messages:
    22,474
    Thanks Received:
    20,137
    Location:
    Sioux City,ia
    0
    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.
     
  4. nikmirbre

    nikmirbre Road Train Member

    Joined:
    Jul 27, 2011
    Messages:
    5,537
    Thanks Received:
    10,153
    Location:
    High Point NC
    0
    I think Log book violations….are either right or wrong, there is no gray area to misinterpret anything…...
     
    mitrucker999 Thanks this.
  5. razor1983

    razor1983 Medium Load Member

    Joined:
    Jan 17, 2011
    Messages:
    500
    Thanks Received:
    509
    0
    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".
     
  6. Joetro

    Joetro Road Train Member

    Joined:
    Aug 23, 2008
    Messages:
    2,416
    Thanks Received:
    2,409
    Location:
    Post Falls, ID
    0
    Your best defense is twofold: Keep your book legal and, perhaps more importantly, know as much or more than they do about the regs.
     
  7. Mooseinator

    Mooseinator Bobtail Member

    Joined:
    Jun 24, 2013
    Messages:
    6
    Thanks Received:
    0
    0
    [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=
     
  8. mitrucker999

    mitrucker999 Bobtail Member

    Joined:
    Mar 17, 2014
    Messages:
    3
    Thanks Received:
    0
    0
    Depends on what the violation is.[/QUOTE]
    I had wrong date on the log but everything else was good
     
  9. mitrucker999

    mitrucker999 Bobtail Member

    Joined:
    Mar 17, 2014
    Messages:
    3
    Thanks Received:
    0
    0
    Thank You very much for all this information
     
  10. mattbnr

    mattbnr Road Train Member

    Joined:
    Aug 19, 2010
    Messages:
    1,950
    Thanks Received:
    837
    Location:
    Tama,Iowa
    0
    I had wrong date on the log but everything else was good[/QUOTE]

    Ok you made a mistake. Why waste time and money fighting something little like that?