Gps used against me

Exactly how did he get you for falsifying by gps?

 

It is evidence. It is admissible if (a) It is relevant (does it support an alleged fact as true or false); (2). It can be authenticated through testimony or other evidence. In other words somebody with expertise would need to testify that the machine worked, had been tested, and was accurate.

 

I would not of allowed the trooper to touch my personal GPS he has no right without a warrant... It is NOT part of my elogs and is NOT part of the truck... It is my personal equipment no different than him wanting to inspect the ratchet in my toolbox and writing a violation cause its broke (it is actually made a poor hammer apparently)

 

By the way I would fight it the trooper would have to prove the GPS was in the truck the entire time Wich he cannot

 

Change your settings to not remember your travel history.

 

I don't believe they can just take it and download or back your past history
Lawyer up

 

I do not handle criminal law cases anymore, but I do not believe a warrant would be required for seizure of a GPS if it is evidence of an offense, and was in plain view during an otherwise lawful search.

 

No, it is a personal daily log that is not qualified to be a Paper Rod nor an ELD. It does not store past driver logs. It like the RM upon the 10 hour DOT break resets the clock. ALL data is changeable and to be an ELD you cannot be able to change the drive data. It does not connect to the truck in any way, shape, or form like the stand alone RM TND.

It may show mileage for each day, but again you can change that information to either record or not record.

It like the RM TND is not certified by the FMCSA to be an ELD.

It is not qualified to be a Paper Rod, not connected to the truck. It only keeps daily personal information.

I am thinking they looked at mileage since that is the only think that will show past data, but then again you could have been in your car and record the mileage in Car/Truck mode, so how can they prove the mileage is truck only?

I would have asked to see the Troopers Supervisor before any violation was written. Now you have to fight the violation with the FMCSA..

 

As I posted in another thread...

I would have said no. There is nothing in the regulations requiring, nor allowing, a GPS to be used as "supporting documentation." In fact, a stand-alone GPS does not qualify. Therefore, the correct response to anyone asking for it is, "no." Just like I would not let them examine my phone, nor my bank account, nor any other personal papers, the GPS is off-limits.

As is the case with the speedometer in a non-LEO vehicle, a GPS is not a "certified" instrument.