Got a cell phone citation and level 3 inspection.

Discussion in 'Questions From New Drivers' started by DAX_, Mar 15, 2018.

  1. 389driver

    389driver Medium Load Member

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    I always wondered why troopers are always cruising down the hammerlane whenever you see them. Do they have places to be that are more important than the rest of us?
    I mean I totally get it if there's an emergency but it's whenever you see them
     
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  3. Woodys

    Woodys Heavy Load Member

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    I use to share an apartment with a dude who was going through the academy. He told me they go through "special" training to be able to handle multi-tasking (including playing on their laptop) while driving down the road. I laughed hysterically for dramatic effect. He got red faced and pretty upset. He was pretty hyped up on his cop koolaid.
     
    Last edited: Mar 16, 2018
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  4. Antinomian

    Antinomian Road Train Member

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    I got a false log ticket in Wisconsin once. I hired a lawyer and he got it reduced to a parking ticket. The false log still hit my PSP report, but nothing hit my MVR. I think it's always worth it to hire a lawyer.
     
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  5. easytopleez33

    easytopleez33 Light Load Member

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    I see what your saying, but, let's say he got the ticket in California and he was from Pennsylvania.
    Out side of hiring an attorney, to fight in your behalf. Your only option, would be to go there (at your expense) and fight it. Not likely??
    I'm guessing the driver is new, and the cop, seen an easy violation, that he really cannot prove. And he knows the driver does not have the ability to fight the ticket on the day of the hearing.
    Best thing to do in any traffic stop, never divulge anything that could incriminate yourself. Confess to Nothing!! JMHO
     
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  6. TROOPER to TRUCKER

    TROOPER to TRUCKER Anything Is Possible

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    More important
     
  7. DAX_

    DAX_ Medium Load Member

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    How much did you pay for said lawyer? And hypothetical if a lawyer does help me, what can he get it reduced to? Distracted driving or something?
     
  8. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    I would fight it to keep it off my mvr and maybe save my job. As far as your psp goes though, the phone thing is on the inspection report. It will be on your psp. You can do the DataQ thing to try to get it off but the same cop that gave you the ticket will be contacted about it. Good luck with that.
     
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  9. scottied67

    scottied67 Road Train Member

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    First mistake....

    What kind of sheet is it? Driver/ Vehicle Examination Report? In other words is it the same sheet they use when doing a Level 1,2,3, etc?

    Texting is defined and inputting data into the phone, alphanumerically, but also navigating apps, in other words, touching it more than "once" as the regulations allow only "One Button Touch"

    Is the cell phone violation on the same sheet as the IFTA violation?

    Also whenever you pick up your IFTA stickers, the paper permit is folded over the stickers; they come together as a package. I'm betting you do have the permit but just thought it was paper trash and threw it out with the garbage when it should have gone into your permit book.

    I believe you have 48 hours to report this to your company. Most of these companies have zero tolerance for cell phone tickets and seat belt tickets which carry huge CSA points for the carrier and are totally preventable. In the case of a cell phone ticket, the carrier can incur $11,000 fine for the driver illegally using the cell phone. They get out of it pretty easy when they produce that document the driver signed way back in orientation stating they will not be using their cell phone while operating company's equipment.

    If this cell phone violation is on the same sheet as your Level 3, $183 dollar fine sounds to me like 'violating local law' but understand the federal side of it will cost you $2,750 bucks and yes most likely fired and have a hard time getting another driving job.
     
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  10. not4hire

    not4hire Road Train Member

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    You say you have a phone mount, but you still haven't answered the question of whether it was in your hand or not. If it was in your hand, the ticket is legitimate. What is the actual charge?

    Yes, you can use a cellular phone in Wisconsin just the same as everywhere else.

    Wisconsin Statutes

    346.89 Inattentive Driving


    (4)(b)2. Subject to sub. (3), except to report an emergency to law enforcement officials or other emergency service providers, no person may drive any commercial motor vehicle while using a hand-held mobile telephone in any the following manners:

    a. Using at least one hand to hold a mobile telephone or any connected accessory to conduct a voice communication.

    b. Dialing or answering a mobile telephone by pressing more than a single button.

    c. Reaching for a mobile telephone in a manner that requires the driver to maneuver so that he or she is no longer in a seated driving position.​

    - Wisconsin Legislature: 346.89
     
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  11. DAX_

    DAX_ Medium Load Member

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    Yes it is an inspection sheet as well as another sheet for the citation. The inspection sheet however has the phone citation listed on it as well.(As well as with the IFTA and registration violations)
    The phone was mounted. The officer asked who was I texting? I said nobody. I changed a song by pressing a single button. He didnt ask whether it was mounted or not thats all he needed to hear he told me you're not allowed to have a phone at all.

    The charge on the citation is as read "Using Telephone While Driving-Commercial Vehicle"
     
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