Moving Violations.......................

Discussion in 'Experienced Truckers' Advice' started by mcr1016, Aug 17, 2010.

  1. mcr1016

    mcr1016 Light Load Member

    141
    89
    Feb 10, 2010
    Garfield, KY
    0
    Hubby has had a REAL bad week. As some of you know he is a new driver. He received a ticket up on I-95 b/c he missed the detour signs for the Pawtucket bridge detour. We were actually gonna suck up and just pay it. He was fined only $85.00. Then......................

    Saturday night he was delivering a load somewhere in Columbus, and dispatch gave him the wrong directions. The directions had him routed through a neighborhood...in Grove City, OH. Well, he was coming around a real sharp turn and had two choices:
    1) tear up someone's yard
    2) come close or graze a utility pole

    He chose two. I'm not sure if he felt the "hit" or not. Then claims called him and said the police need to talk to you. So, he called the cop and met him. He had to fill out a police report and the cop fined him the following three violations: 335.13, 339.02, 331.34.

    So, he was able to get a print out of the directions that were on his qualcomm. I was really surprised at that.....But he did take a picture of his qualcomm that showed the directions with his phone immediately after just in case they "disappeared" so maybe that is why they caved in.

    I am trying to find an attorney in Columbus to fight these three. As we both believe that we have a pretty good chance at winning. Also, considering the ticket he got early in the week it is probably best that we fight anyways considering those changes that went into effect this year regarding safety etc.

    1. He received a citation with just a court date. I've only seen ones that were associated with a fine. What's the difference?
    2. Should we fight the accident report as well?
    3. Money is an issue. Can anyone guess estimate the retainer's fee?
    4. Anybody know a decent attorney in OH? LOL! I know funny question. But it doesn't hurt to ask.
    You know what will really bleep bleep me off is if the cop doesn't even show up to court.

    Please, refrain from dogging my husband because of this. He is new and inexperienced and enjoys what he is doing. He is also very concerned with his job over this too.

    So, any good advice will be very much appreciated.

    Thank you!
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. oldmacksrule

    oldmacksrule Light Load Member

    176
    160
    Aug 7, 2010
    0
    From a legal standpoint, the dispatch directions are meaningless. The buck always stops with the driver. He's the captain of the ship, so to speak, and knowing when NOT to follow directions is part of the job.

    It sucks, I know, but that's how it is.

    It is possible that because he's new and you have proof of the bad routing that his company might not get too bent, though. Hard to say. (I know some old school Safety guys who would claim that "blind direction followers" are exactly the sort of drivers they WANT to be rid of...) But gently appealing to the company's of fairness---everybody is a beginner sometime, etc.---is probably your best bet.

    By the way, was the pole strike after dark? And how did the cops connect his truck after the fact? (If it was observed, he would have been pulled over when it occurred.)
     
    mcr1016 and Ike Thank this.
  4. Ike

    Ike Light Load Member

    262
    88
    Aug 30, 2009
    Virginia Beach, Virginia
    0
    MCR,
    Whatever the outcome, he is lucky to have someone as committed as you looking out for him. Wish I could offer more help, but, Oldmack is right, it is ultimatly the drivers responsibility to be on the right route. NEVER TRUST COMPANY DIRECTIONS. check your route with a Motor carrier Atlas, and make sure you can get out before you go in.
     
    mcr1016 Thanks this.
  5. Rerun8963

    Rerun8963 Road Train Member

    3,917
    2,012
    Mar 30, 2006
    ova-hereee
    0
    ok, but didn't his company get whacked for the $3,000 over weight/axle fine as well........???????????? the troopers there are whacking nearly EVERY truck with the $3,000 fine, which goes to the company.....you cannot erase this.............


    no one can blame dispatch.

    i do believe messages on qualcomm come off after a certain number has been reached.

    the court date probably will be where he gets to enter a plea, then a date for the actual ticket comes later.

    fighting a ticket is costly, i have no idea how much, and a retainer fee is only a fee in which the lawyer draws from, and when its depleted, you have to add more.

    the cop by the way, does not have to show up for the plea date.

    also, i was just reading where his case can go on for several months, he is not due a "speedy trial", as this is not a criminal case.....

    now, some of this information i am giving you, is from this months OOIDA magazine, LandLine, which i am a member of.

    and as another matter of reference, when CSA2010/2011 actually becomes in effect, ANY driver with ANY infractions 12 months PRIOR to the enactment, will get whacked with DOUBLE points.........

    so lets say that $85 ticket he got for going over the bridge is 4 points........by CSA standards, he will now get 8...........

    there is still as of right now, no absolute point system a driver reaches, before he gets his license either suspended or revoked........

    needless to say........EVERYONE had better be on thier toes from now on.
     
    Belleye and NDBADLANDS Thank this.
  6. mcr1016

    mcr1016 Light Load Member

    141
    89
    Feb 10, 2010
    Garfield, KY
    0
    Thank you! I'm assuming a police officer wasn't the one who saw him but someone that lived or was in the neighborhood. I'm not sure what time of day this happened....Good question. I'll find out.
     
  7. mcr1016

    mcr1016 Light Load Member

    141
    89
    Feb 10, 2010
    Garfield, KY
    0
    Thank you! I know he is a recent atlas but would a GPS or even me giving him our wifi card for him to use with our ancient laptop help with better directions. I'm not sure about mapquest or googlemaps, but is there a website that trucker's just use to get the most recent, and reliable directions.
     
  8. mcr1016

    mcr1016 Light Load Member

    141
    89
    Feb 10, 2010
    Garfield, KY
    0
     
  9. REDD

    REDD The Legend

    6,237
    4,291
    Jun 29, 2009
    Dueling Banjoville
    0
    No csa2010 is not in effect. They keep finding flaws in their make believe perfect system.
     
  10. Rerun8963

    Rerun8963 Road Train Member

    3,917
    2,012
    Mar 30, 2006
    ova-hereee
    0
    no CSA 2010/2011 is not in effect yet. but by spring of 2011, many states will be. then by or about summer of 2011 they should all be online........but this is still going to affect your hubby. he got the tickets recently.......he will be banged double points right out of the box.
     
  11. mcr1016

    mcr1016 Light Load Member

    141
    89
    Feb 10, 2010
    Garfield, KY
    0
    This is our great gov't at work, right. Well, imagine that. :biggrin_25526::biggrin_2559:
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.