Hello all. I wish my first post was something a bit more happy. However, my research has helped me none. So I must turn to the experts. I have been a trucker for a whopping 3 months. I began with Schneider National. What a great company! (Or so I thought.)
Today, while in Ohio, I grabbed my phone up and changed the station on Pandora. I just so happened to be doing that while moving. State police nabbed me, did a level 2 DOT, and issued me a violation: 392.80(a) Driving a commercial motor vehicle while Texting.
When I notified my company of what happened, I was immediately hustled into the nearest OC, asked to clean out my truck, and wait for a greyhound home. "here's the door, don't let it hit you in the ### on the way out." My company stands by their "Zero tolerance texting" policy, and therefore I am no longer an ASSet.
I have every intention on fighting this, my question is, how? There are no court dates on this violation. No fines assessed. Just the violation, and the notice to fax the signed document to Ohio State Police within 15 days. I know, and admit, that I should not have taken my eyes off of the road for even a split second. With that being said, I am very anti-texting while driving. It does nothing but cause fatalities. I even go to the extent of keeping my phone unlocked all the time, so it will be no quicker than pushing a button on the radio. To switch pandora stations, that is.
What have I done to myself? My career? Am I blacklisted now? Will no company touch me? I can, and always will, admit when I have done something wrong. But I was not texting. I was not facebooking, I was simply changing a radio station. I have already contacted my cell carrier, and we have arranged to have the documents showing incoming/outgoing text messages mailed to my home. I have the proof that no messages were sent nor received till well after the DOT work up.
HELP?!?!
How do I fight an Ohio DOT driver violation?
Discussion in 'Trucking Industry Regulations' started by moberlyZ, Jan 29, 2014.
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sorry to day but as far as DOT is concerned you were texting, the phone was up in your face. shoul dhave waited to chagne the staion when you stopped. sorry if this sounds bad, i but i dont think you wil have a prayer winning this one
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Would be a hard one but fighting any violation is next to impossible. They are currently being forced to allow you to fight them but i guess u can get a copy of your text messages to show u were not at that time but still in all they see it as distracted driving either way. Which is why they require us to have Bluetooth. Not just to talk but u are suppose to use the voice command to dial out as well. In the eyes of the law at no time should a cell phone be in your hand while driving a commercial vehicle.
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That was my biggest fear. Hearing it from two people just confirms it.
Has this wrecked my blooming career? -
You, or your lawyer, need to look up the precise definition of the offense that you were charged with.
Is texting actually typing a message, or is it simply handling your phone?
I don't know the answer, but it's a good place to start. DOT will hold you to the strict letter of the law.
Good luck. -
I would look at getting an attorney to at least try and get the fine reduced. I think those are about $2400 per violation. You would not need to attend the court date your attorney will speak for you.
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it may not end your carreer, but it will put a wrinkle in it. you will have to work for a bottom feeder for at leat a year then move on
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"Adult drivers (18 years or older):
*It is Illegal to use a handheld electronic wireless communications device to write, send or read a text while driving in Ohio."
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2400 PER VIOLATION?!?!?! Oh my god...
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According to this website: http://codes.ohio.gov/orc/4511.204
The state trooper was out of bounds by stopping me solely on the basis of seeing my phone. Furthermore, having never admitted to the officer that I was in fact texting, even stating that I was merely changing the station, I never admitted guilt. However, if the dash cam was functioning in her cruiser, she blatantly admitted that the reason she stopped me was because she saw me texting on my phone. This took place inside of the cruiser, of which I was in at the time she "interrogated" me.
I definitely need an attorney.
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