Help with violations. “OPERATE VEHICLE WHILE TEXTING"

Discussion in 'Experienced Truckers' Advice' started by mrbhatti, Dec 5, 2024.

  1. mrbhatti

    mrbhatti Light Load Member

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    Oct 30, 2012
    hesperia CA
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    Violation help

    So, strange post but I need clarification.

    Today I got pulled over for “texting”

    With my bad luck, my phone dropped behind my brake pedal, and right as this pos az state trooper was passing by, I was lifting my phone up and putting it in the passenger seat. He pulls me over for it.

    So going through my paperwork, he notices my license has “corrective lenses” on it, and asks where are my glasses. I said I got ICL surgery and I don’t need glasses. He’s not listening to any thing

    He issues me like 5 violations, 1 for “operate a cmv and does not posses a valid cdl”

    My cdl doesn’t expire until next year.

    The other was for “operate a cmv without proper endorsement, or in violation of restriction” but my corrective lens restriction is a non factor as my lenses are already in my eyes

    Which were both OOS violations.

    But big one was the texting one, which is a cdl killer. I can get call and text logs that show there wasn’t a single call or text that came or went. I tried to explain that my phone fell behind the brake pedal, but as usual, he went on a power trip. He tried saying I had said I was looking at my ELD, when the only thing I said was my ELD was on my phone.

    “OPERATE VEHICLE WHILE TEXTING: Driver was observed holding his cell phone and typing on the screen with his thumb, claimed trying to view his ELD”

    I told him I wasn’t texting or looking at my ELD.

    Anyone have any advice? I’ve contacted tvc already, but would love to get some feedback on what might happen?
     
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  3. 062

    062 Road Train Member

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    How do you not notice a cop pulling up along side of you?
     
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  4. mrbhatti

    mrbhatti Light Load Member

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    Oct 30, 2012
    hesperia CA
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    wasn’t looking around, was focused looking out front, it was slightly foggy.
     
  5. Accidental Trucker

    Accidental Trucker Road Train Member

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    Time to go before the judge with all the info. The lens thing should be a no brainer. The texting thing will be a luck of the draw.

    Troopers can be real a-holes. I changed the channel on my radio and hit the fog line in my pickup and got writeen up for "failure to maintain lane". The insurance company enjoyed the extra payments. The judge wouldn't hear reason. C'est la vie.
     
  6. mrbhatti

    mrbhatti Light Load Member

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    Oct 30, 2012
    hesperia CA
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    im getting a note written from the doctor that performed my eye surgery, and getting all my call logs and text logs, as no text or call was sent or received.

    He did put “texting while driving” and I can prove I wasn’t doing any of that, simply grabbing it from behind the brake pedal.

    just my bad luck as usual lmao.

    Can I take it in front of a judge, even if it wasn’t a citation?
     
  7. D.Tibbitt

    D.Tibbitt Road Train Member

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    Gettin' down westbound
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    Slightly foggy.. in az??

    Az state troopers can be pricks.. they like to patrol around and harass truck drivers , pulling us over on the shoulders to enforce "safety" ..

    aka revenue generation.

    Where did you get pulled over at?
     
  8. mrbhatti

    mrbhatti Light Load Member

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    Oct 30, 2012
    hesperia CA
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    flagstaff area! exit 168,going west, before Williams.
    Az dots are real buttholes sometimes :/
     
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  9. Concorde

    Concorde Road Train Member

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    West Melbourne Florida
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    Phone in hand and didn’t have the restriction removed from your license..somehow that’s the trooper’s fault..

    Wonder how many lame brain excuses he hears everyday..or how many fatalities he’s seen.

    Yah, get your crap together and go to court. Get the restriction removed from your license before hand.
     
  10. Opus

    Opus Road Train Member

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    South GA
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    And the only way he could have seen you picking up the phone off the floor is if he had been in the passenger seat.
     
  11. mrbhatti

    mrbhatti Light Load Member

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    Oct 30, 2012
    hesperia CA
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    I don’t understand how I would get the restriction removed, as I’m still required to have the restriction. The ICL lenses aren’t permanent, they can be pulled out lol. Doctor explained that to me, and is writing the note to explain that.

    Plus the trooper said “unless you have glasses you can’t drive”

    what if I wear contacts? Thats still a corrective lens, but he explicitly said “you need glasses”

    that’s why I want to fight it, as it’s completely BS (in my opinion)

    but since it wasn’t a citation, I’m not sure I have any course of action.

    the phone thing, while I admit it was in my hand as I was literally swinging to put it in my passenger seat, I was NOT texting, or calling or anything of that nature.
    My eyes were on the road as well.
     
    Concorde Thanks this.
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