How do I fight an Ohio DOT driver violation?

Discussion in 'Trucking Industry Regulations' started by moberlyZ, Jan 29, 2014.

  1. rubberducky68

    rubberducky68 Road Train Member

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    Jefferson GA
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    Actually I think it is $2875. Not to make you feel any worse.

    I stand corrected. It is $2750. Not that that makes you feel any better either.
     
    Last edited: Jan 29, 2014
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  3. kardolmer

    kardolmer Road Train Member

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    thats just to the driver of a cmv. If i rember right the company you work for gets a 10k fine. I could be wroung so if iam someone please correct me.
     
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  4. CondoCruiser

    CondoCruiser The Legend

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    With all the rules and your options available I don't know why you would select your phone as a choice of a music player. That's just asking for trouble even though you weren't wrong.

    Look on the back of the form should be an appeal process. First you have to obtain them phone records. Then I would contact that officer if not his supervisor as they have the power to destroy the inspection. Then I would stress 383.5 and 390.5 Definition of texting (2)(iii) states music player is not included.

    But he could of slapped you with 392.82 which only explains you can't use a mobile phone, period.

    Then you have the wording of your company rules.

    That's the only angles I could dig up for you as I don't want to see anyone have to pay $2750 especially after losing their job.

    But to preach any phone use is distracting. There is no this is okay this isn't okay when it comes to a phone.
    Burn you some CDs in the future or buy a independent player or stick.

    Here is a start on your fight if you get no where with the officers. Contact PUCO directly and tell them you have your phone records and explain your situation and the rules I highlighted.

    http://www.puco.ohio.gov/puco/index.cfm/information-by-industry/motor-carrier-industry-information/

    http://www.puco.ohio.gov/puco/index...pics/explanation-of-civil-penalty-procedures/



     
    moberlyZ and Roadmedic Thank this.
  5. NewbiusErectus

    NewbiusErectus Medium Load Member

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    I don't know what your chances are, but if this happened to me, I would fight it with every round of ammo I had. this kind of thing really tics me off. They seem to have no problem with us writing down our mileage for fuel logging. but the difference is, if we didn't do that, they might get slighted on their fuel tax. This requires two hands, one holding the notebook and one holding a pen, and looking at the odometer. Usually at busy state border crossings (ie, crossing into OH from KY on I71). I wouldn't dare do something safer, like hold an electronic device to record my mileage verbally, because I'd risk getting a ticket like you got.
     
    m16ty and thejackal Thank this.
  6. chicknwing

    chicknwing Medium Load Member

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    Charlotte, NC
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    You may have a leg to stand on with Condo's advice, however as far as Schneider is going to be concerned, it is over and done with. You violated the company policy and they will stick with their decision to terminate you. They have become very strict about distracted driving. Hope you get the charge dismissed and find something....

    CW
     
    TwinStickPeterbilt Thanks this.
  7. TwinStickPeterbilt

    TwinStickPeterbilt Heavy Load Member

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    Gotta love how the dash on the 06-07 379 sets when you put the chair on the floor I have my phone mounted on the dash and DOT can't see me touch it unless their eye level with me.
     
    truckon Thanks this.
  8. Jumbo

    Jumbo Road Train Member

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    Not referring to the OP but it still amazes me how many guys you still see with a phone held up to their ear while they drive.
     
    TequilaSunrise, truckon and MJ1657 Thank this.
  9. x#1

    x#1 Road Train Member

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    Cherokee County, Alabama
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    nothing personal against the two that replied to your post but they have,at best,a combined 5 years of driving experience. fight the ticket by going thru some lawyer that specializes in transportation like that jim klepper.at the very least,call him and ask if you have a chance.
     
    moberlyZ Thanks this.
  10. rubberducky68

    rubberducky68 Road Train Member

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    Jefferson GA
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    No kidding. Makes me think they aren't enforcing this law a whole lot. The op mentioned it was a she that pulled him over. Maybe she was on the...nevermind.
     
    thejackal and Chinatown Thank this.
  11. MayhemTrucking

    MayhemTrucking Heavy Load Member

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    Mar 23, 2010
    Denham Springs, La.
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    Very true. All day long phone in one hand to ear and smoking at the same time
     
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