OOS in Florida- will other states know.

I am gald you corrected what could have been misconstrued to appear that you had violated one of their sacred rules. Number thing a lawyer will tell you NEVER admitt anything.

 

One better than that is the look on a officers when you ask for a "speedy Trial".
I have been asked before. "Whats that"? by the officer
The judge even looked puzzled. The whole system you represent is based on
the creating of fear, intimidation and endless processes to try get fair treatment as guaranteed by the constitution.
CSA 2010 and safe stat are just about the same and totally unfair and unconstitutional as I see it. YOU are presumed guilty instead of inoccent and placed in double jeopardy by both systems. This in itself is unconstitutional and there is just about no way to remove any imformation even when you are found not guilty short of court order. These state officers that operate the system don't want to remove nothing. And you have mentioned prior about falsified logbooks what about false police reports? That are done by police when they claim to do inspections and don't do them properly.
The AG's won't act I know for fact I have proven some have done this and they won't arrest them. I know this for fact I was the one asking to have officer arrested. The only real solution is for the drivers to find their balls and challenge everytime they can.

 

Well let me ask you about this type of scenario. Officer stops driver and finds he is suspended, his log book is false and numerous parts defects. Let's say for the sake of argueing officer writes driver 5 tickets including a possible jailable ticket. Driver gets lawyer come to court. Turns out his license suspension was for a unpaid ticket. The day that the officer stopped the driver, he was notified and cited for the suspended license at say 0600 hours, 2 hours before the DMV offices open up. At 0900 houirs Driver calls DMV and pays the ticket and he gets his license reinstated. So the 391.15 driver disqualification has been rectified and after his 10 hor break for the false log book he can go back in service. While on his 10 hour break, road service comes and corrects all the out of service defects and after the 10 hours for the log book the driver can hit the road running. So lawyer comes to court and meets with the officer. "My client is a professional and his wife forgot to pay the old ticket and that was the cause of the suspension. You remember that he cleared that all up by 0900 hours the day you had him. He's the clearance letter and look at the time. Let's do a plea deal so we don't run the risk of him going to jail for a trivial matter. We will plead guilty to the log book, because you have copies of it and we can't beat that one. And how about we do the defective tire ticket, can we then drop the remaining charges? "

That's a normal court conversation with lawyers and drivers everyday around this country. I have done that plea deal at least a hundred times over the years. I know, the lawyer knows if we proceed on the disqualification charge, the said driver will get his CDL disqualified again for a set period as defined in 383.51. Now some deserve to lose it, but a guy that has one ticet he forgot to pay? I'm not going to kill a guy's career or livihood because of that. I'll write the ticket because many times with out of State records, we have no idea what the reason for the suspension is until I get the certified copy. So this driver who has let's say 10 violations on his inspection report, but when he comes to court we do a plea deal to cut him a break on a license suspension and cut a break on the fines. Just because he got a plea deal at court doesn't mean the violations were not there. That is what I mean by the Data Q and how I have seen them questioned. In fact I had one just like I described above two weeks ago. Matter of fact I sent a copy of the driving record, log book copies, and pictures of the vehicle defects to the carrier so they could see for themselves and you are correct nothing was changed for that very reason. Yes, he was not prosecuted on a select number of charges for his guilty plea to two charges. But the violations were present and the driver was given a break in court because the judge would have given him some jail time for the license suspension. I have seen him do it a number of times and so has the attorney.

So what I'm am leaning towards doing is no plea deals and what the driver's get is what they get. I'll tell them because of CSA I want the convictions in a court of law or the not guilty findings so I can remove or tell a company no because your driver had his day in court. I'm sure the driver's are going to love that approach and the judges too with truckers lined up in the halls with a ticket for every violation so they can go in and tell the judge their side. If I do that approach and every officer did that approach do you realize how many driver's will be suspended and disqualified. First, think about the fact of the fines if they are found guilty. Then think how many drivers could afford a fine for every violation. Heck there are some inspections that I have done that have had 30+ violations. Some are clean but some are horrendous. Then think of all the 383.51 implications and how that affects someone's CDL. I can tell you I will continue to do as I have the last 15 years. I do take more pictures now and copy or photograph log books for the Data Q's to have as evidence to present to the carriers and to resfresh my memory when they come in. I get about 1 Data Q a month, some monthsare more, some I have had none. The also go in cycles.

 

That was a long story.
First any proffesional driver that doesn't make sure their tickets are handled isn't very smart. I think you should have everyone come to court if these drivers would be more proactive and take a stand we'd see things change. In my five years of having my authority I have NEVER had a real level one inspection and have proven this a couple of times, once in court. Now my posistion is that if they're claiming to do this work and are not
they are guilty of filing a false document(police report) which is a crime in all states.

As you have stated prior you think you want all drivers to have to come to court and you no longer will plea things out. You make it sound like your doing some great deed? Drivers can't be disqualified till after convictions..
Pleaing out makes it easier on you. You don't have to come to court, you don't have to worry about testifying and most of all you don't have to worry about some defense lawyer dipping off into your personal life. As you should know a GOOD defense lawyer is going to thourghly check out a arresting officer and one thing for sure many have problems in their closet.

My posistion is I want to have at least one of you cmv police charged with filing false police reports this year.
I will tell you why too . I operate a hotshot and you can tell the lie that they are not targeted for inspections I have had more than one tell me they were by various states. I have had it testified to in ohio court also. In five years I have had over thirty inspections, not counting all the times they have come running out of the scalehouse to look at my logbook, IRP or some other ########. not to mention all the times I have been roadside stopped for the same.
If I was given a report for everytime I was bothered I would have over a hundred. My old windshield was lined all the way top to bottom with cvsa stickers. Most drivers may get inspected once a year. I'm just tired of being bothered with this ficticious ########. It's has zero to do with safety all about looking for revenue and federal grant money. Back with the old safestat my number was 14 which is very good I was told this more than once

I personally feel no safer after watching all these inspections being done as only one officer correctly noted the type of brakes my trailer has without my help. I have more than once had officers get up under oath and lie. I think you'll call it "testilieing". When you can write three or four violations out of one taillight just so you can appear you're doing meaningful work and justify more grant money for more officers to do the same meaningless job
this should be criminal.

I personally think csa 2010 is unconstitutional and should be dissolved and all of you cmv police sent to the unemployment line. 90% or more of carriers
and drivers are safe and operate properly if we were left to our own devices without any of you we could handle the bad ones quicker and better...

Just so my qualifacations are known I'm a class a diesel mechanic and was doing inspections since this first began in the 80's I know what a real level one is . I also done some independent contracting work for a agency about twenty years ago if you put leo and thugs in room naked they'd be no difference it's only whos in power at the time. They are one and the same.

From my experience I will state that ohio and indiana are the most corrupt and NC, AR ,TN, Ga are worrisome. I have run accross a couple decent officers but this still don't change my view that a meaningless job is being performed at taxpayers expense and this system is designed not to help,
but only harm the small carriers.

 

Plea deals are a part of the process... It's Just the way it is... and the other posters are correct. Much of what you do IS Unconstitutional. Future stops should be judged on the merit of that stop alone... Legal discovery of previous stops should happen at prosecution time... as it may bias an arresting officer to previous violations... This is refered to as due process.

 

i run loose leaf logs. that is all im saying.

 

In Ohio as Im sure other states do also theres photos of everything....the log violations, plates on truck and trailer, carrier name etc. Even if you were not placed OOS, say you had a 14 hour rule violation. You dont want your carrier to know this so you "correct/falsify" the log before turning it in, and dont send in the inspection. 2 months later the carrier has an audit, they have your inspection, but the log on file has no violation. Then they go to the pictures. Enough said why we now have to take pictures. Totally removes the he said she said side of the situation. If you are wrote for a log violation once it is not to be wrote again according to the FMCSA. If you are wrote twice for the same log violation Dataq and get it removed.

 

It amazes me at all the anti-establishment types that are on this site. I have never had an issue like some on here complain about. Hopefully my luck continues.

 

I would imagine if your in ohio and they started taking pictures if was shortly after I started in on them in 2008? I have never seen such a dishonest one as dale w I don't think he'll ever forget me. He said I was the first person to challenge one of his ficticous inspections. I learned one thing out of it the oh ags office and cmv people are compulsive liars and pos. And never sue in a state court use the federal system, the ohio court of claims is a joke and farce. The only people in ohio I seen falsify anything was the police.
I pity anyone who is normal that lives there as most there are not.
I also noted that anyone of any goverenment posistion there is either pastey white or sporting some other abnormality resembling proageria.