Here we go. I love a challenge.
Example of Subponea Letter against defendant driver. Generic. Related to trucking.
Truck Accident Sample Request for Production of Documents: RPD to Truck Owner
How to investigate truck wrecks data. Example short version
https://www.injuryrelief.com/truck-accident-law/evidence-and-investigation/
Getting cell records if Driver number one is suspected of being on phone at moment of crash.
https://www.holtonlaw.com/faqs/obtaining-the-cell-phone-records-of-an-at-fault-driver.cfm
We have the ability to use ONSTAR in one of our vehicles. If it is live. It CAN BE subpoenied along with the contents of your CAR's or VEHICLE Black box. In our car that box is located in the center rail frame under the passenger cabin in the center of the rear seats ahead of aft axle. When there is a accident, Police and investagators can plug in and access that data to know what that car is doing exactly up to the moment of the crash. And any human driver input if any prior to crash like brake application, how much etc.
Big truck companies keep information on satellite or computer onboard trucks that alert to a heavy panic stop exceeding say 6 MPH per sec per sec in physics. It's electronically retained as a event. And sometimes shipped remotely. FFE warned us that our team truck WILL ship that event should we stand on our brakes on the road and Safety will interview us about that event later.
Car OnStar System Provides Information After Car Accident
This page outlays the careful process of accident reconstruction after all parties are on notice formally of pending investigation related to suits.
It literally brings in more information and pathways beyond my ability to write. Everything related to the vehicles, people, cell phones and so on are all pulled by subponea etc.
Just a simple police accident report is not the end all be all.
https://www.injuryrelief.com/truck-accident-law/evidence-and-investigation/
Since all internet facing smart phones, devices, computers (*By defination a human user using it like i am for this post for example.) is all recorded, stamped and so on these can be also subponeaed to identify within the LAW's LIMITATIONS WHO is behind a terroristic threatening post, message, phone call etc.
Utilizing IP Addresses to Subpoena Internet Service Providers (ISPs): Vorys, Sater, Seymour and Pease LLP
Now websites can be subponeaed as well. THERE is a SPECIFIC standard called the denterite standard. It basically says a anonymous poster is protected by 1st amendment speech, HOWEVER all States have a slightly different process by which a post is either freely defended as harmless for free speech, OR a actual attack, threatening etc that which can be prosecuted.
http://internetdefamationblog.wp.le...or-Identifying-Anonymous-Internet-Posters.pdf
Meeting the
Dendrite
Standard
The Supreme Court of the United States has stated that anonymous free speech is protected
under the First Amendment.
Mc
Intyre v. Ohio Elections Comm'n
, 514 U.S. 334, 342 (1995).
Thus, before you issue a subpoena for the identity of an anonymous poster, make sure you can
survive a Motion to Quash the subpoena, should the anonymous person object on First
Amendment grounds.
In My IT College course there is a one page subponea sent to ISP to discover who owns a Source IP. That's pretty common. The next step is to determine from those IP, data within that source and so on to see if a crime is committed that is prosecutable.
For example recently in Steam Gaming online there was a sexual predator who chatted with his groomed target younger potential victim within game chatting. You would think THAT is anonymous. It's not. A recent court situation shows that even a in-game real time online interaction is capable of being recovered and used against the hostile IP user.
This was during a time some years ago when gamers angry at being shot up would remotely via Relay and other IP spoofing sources calling into the local PD of the target gamer who shot them up online in game. What happens is that the angry bully falsely claims that so and so has a arsenal of weapons in his house, gone crazy and intends to shoot up the place. The result is a known term "SWATTING" literally causing Law Enforcement to spin Subponeas, find the IP's involved, and go after the innocent party in a heavy raid strike at that players house.
I don't know how to be plainer. It is always possible to get data by Subponea in some process.
Arkansas, our courthouses have alot of what is called terroristic threatning. Text messagings become a law enforcement problem when John Doe sent me a text message calling me a MF and threatens a home invasion last year. I contacted my law, they show up, see the actual text messages, got the source number of it. And said all they need now is a name. Once in some way I managed to say provoke the attacker via text to declare his name via text to me, That goes to the Law and they take it from there with a actual prosecution against that person.
What they explained and taught me was that many drug dealers use throw away numbers on prepaid phones like trac phones. When I change a number to a new one, that new number might have been RELATED TO THAT DRUG DEALER BEFORE BEING REASSIGNED TO ME once freed up out of service no longer in use by anyone.
I start getting texts for drugs on new phone number. When I told them sorry nope. forget it. Then hostile numbers texted valid threats. Thinking IM the drug dealer before.
what happens when the Police has the same problem, is they change their personal numbers AGAIN, and also CHANGE CARRIERS if NECESSARY to FIND a NON ISSUED NEW PHONE NUMBER. Known as a quiet number.
That way anything related to a previous user or users of a dirty phone number engaged in illegal activity reassigned to a innocent party is all there. And eliminated.
It took me three carrier changes and 5 phone number assigns before I found one specifically that is "CLEAN" when I started getting random texts from girls looking for sex, I used a App to stop and block Random SMS Texts on the phone itself. I never see it. It's not logged on my phone. But it will show that it's there and working to block any one who wants to be a problem. Or hostile party.
About 100 people a month are successfully prosecuted in Arkansas for threatening texts or calls that are abusive, break the law and harms people. It is very easy once the law has a name WITH the source number of that call and or Texts shown to them to discover who is the hostile party and get a warrant and go arrest.
You can do alot yourself using apps and so on to make sure that your home is peaceful. With no unwelcome intruders, strange texts or callers who are not friendly. The more technology makes it easy to connect unfortunately it becomes easier to be trolled.
Hit and Run Truck Driver
Discussion in 'Questions To Truckers From The General Public' started by DonCorneo, Jun 10, 2018.
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And point is that waving that bright flashlight around like that is distracting and dangerous. Put out your triangles, call the police and the wrecker, and stand somewhere where you won't get hurt if some idiot hits your vehicle.Cam Roberts Thanks this.
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All of that relies upon a court action, and your right to seek witnesses to back you up. In other words, you have to have a suspect and request those specific records.
Any company that would blindly hand over metadata for potentially hundreds or thousands of their clients who might have been in the area within a 10-15 minute window to an individual who cold-calls them out of the blue will not be in business very long. You simply will not get that information without going to court, and even then, you may not get what you're looking for because that company will likely object to any forced release of non-specific metadata on their clients. If you know who you're looking for...company...truck number....license plate...etc..., you have a better chance of finding cooperation from a tracking company. If you think you'll be able to cast a wide net and hope to catch the perp (who may not even HAVE a tracker on his truck), and that these tracking companies aren't going to push back, you've got another thing coming.
This isn't a challenge, and I didn't read through all of that drivel. Simple fact is, the less specific the request, and the wider net you're trying to cast, the less likely you are to find cooperation with any of these companies. If you can narrow your search down to a specific vehicle that passed at that precise time, THEN you can get the court to issue a subpoena for the records on that specific vehicle and time in order to prove that they were there (because they'll likely deny that fact). -
I checked with Qualcomm, and it is possible to get the data with a subpoena. They also suggested contacting the NTSA and another agency that tracks digital driver logs.
Thankfully nobody did, but had someone died, the State Police probably would be doing this.
Again, this is less about recovery and more about getting someone who should not be driving a tractor trailer off the road before he does kill someone. -
I agree. He’s lucky as hell he didn’t get clobbered
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It has been 30 years since I've worked on a rear axle, and I only did a few, that I did not understand what you meant until I looked it up.To be honest, I never worked on a truck axle that was not full floating so didn't notice the difference.
I don't haul stuff around like that often, so didn't need anything bigger than a 1500. Had I intended to be hauling weight around often, I would have bought a 2500 or 3500.
As much as I love this truck, the more I find out about how cheap the builds have become. the more disappointed I am. -
A smart and safe driver understands that any time someone is waving a flashlight around like that it means SLOW THE FRACK DOWN and be ready to stop if necessary. The more frantically the flashlight is waved, the more present the danger. If you find it distracting, then you should not be driving anything more than a small car.
None commercial vehicles are not regularly equipped with triangles or flares.I did have a traffic director on the truck which the tractor trailer driver obviously ignored. The T/A is mounted on a high-rise camper cap, so it was visible to tractor trailers, so even if I had triangles out, he probably would have just ran them over.
Since you missed an important piece of information, I use Class 3 vests and shirts. If you do not know what that means, you should go get trained to be a safe driver. A little clue: at times my job is to try to keep the police and tow truck driver safe.
And I was waiting for the tow truck which was an hour out. Traffic was so light there wasn't an partitive need to call the police. It was just the wheel of the trailer that was over the line, which was easily avoidable by a driver who is watching the road.
Sometimes it is better to assume the person you are telling what they should have done actually is trained and knows more than you do. -
Like the poster you quoted, I'd suggest you go get more training as a driver.
Finding it dangerous or distracting to wave down traffic with a flashlight means you do not know road safety that you need to know, especially if you are a tractor trailer driver.
ANYTIME you see a person, especially wearing a Class 3 vest or shirt, waving a flashlight at you, it means start slowing down and be prepared to stop because there is a dangerous situation ahead.
Instead of assuming you know better then the person you think doesn't, you should think the person is actually trained and knows what he/she is doing better than you do. -
You don’t need to clear the whole video, only a single frame or two depending on what you can see with each frame. Someone skilled with Vegas Pro, Lightworks, or similar should be able to do this without much effort. These are the “Hollywood” video editing suites you refer to. The frames will have enough there to show something or they wont. I think you can trial either of those programs if you know someone tech savvy. I would do it for you but I’m stuck in this truck and my computer that can do it is thousands of miles away.DonCorneo Thanks this.
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Perhaps you should just listen to the people who spend our lives driving. A bright light waving around is visually distracting. Has nothing to do with training, or being a good driver.
And if you don't have triangles, get some. If he ran them over, he probably would have looked up from his cell phone in time to realize he was about to hit something.
But hey, you just want to argue and insult everyone, so have fun. Makes it easy for people to not feel the least bit sorry for your situation.
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