A good district attorney can make you (the driver) produce your copys up to 7 years IF you claimed the DOT per diem tax deduction on your returns..or whatever you claimed can be subpeoned
How far back do they look at your logs after an accident?
Discussion in 'Trucking Industry Regulations' started by NewNashGuy, Jun 10, 2014.
Page 2 of 3
-
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
now they are saying the walmart driver was up over 24 hours
he must have made a statement that he didnt sleeo on his 10 hour break
seeing they are all on elogs -
That depends upon how motivated they are. How bad the accident is, who got hurt/inconvenienced, etc.
-
Geez thats crazy. Why does forgetting to add remark 3 months ago effect my driving today? Didnt know they go that far...
-
Doesn't necessarily affect your driving today, it's just another violation they can charge you with if they're motivated to do so.
-
The typical penalty for vehicular homicide is 2 weeks, no dessert, not including weekends*.
Logbook "errors" are pretty easily discernible from logbook "falsifications", and a prosecutor is most likely going to limit their examination if a habit of questionable entries is not evident... in a criminal case. The rules regarding the "discovery" process in state (or municipal) courts are regulated by the individual states, so there is no "pat" answer.
In a civil action between private parties where sanctions are limited to monetary awards the standards are different; "a preponderance of evidence" v. "beyond a reasonable doubt".**
*hyperbole:
**I am not a lawyer.NewNashGuy Thanks this. -
Your lawyer will claim 5th for you, YOU PRODUCE NOTHING unless it helps you, ask lawyer, you can't be forced to produce evidence against yourself, however, your company can and will. When it comes to mitigating responsibility, company will not be on your side. Having dirt on them will help!
-
That's about a naive a view of the power of a prosecutor as I've ever heard. You kill someone with a big truck, and your logs will be under subpoena in a heartbeat. And I'll add, they should be.gpsman Thanks this.
-
Well, you will have to produce all the evidence that they want if they subpoena it from you. And the prosecution is just one aspect to all of this. There is sure to be civil litigation and a lot of what the Constitution protects you from in criminal prosecution does not apply in civil litigation. Ask OJ.
-
The guy who hit the Amtrak train in Bourbonnais, steel hauler, they went back and found a pattern of abuse in all of the six months.
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 2 of 3