overweight ticket

Discussion in 'Questions From New Drivers' started by Chicago123456, Jun 24, 2021.

  1. Chicago123456

    Chicago123456 Bobtail Member

    15
    6
    Nov 27, 2020
    0
    my boss told me to go pick up trailer from the BSNF (railroad). it turned out the trailer was overweight. Police stopped me and I was 93k on gross. ticket $4.5K. my company hired a lawyer. lawyer asking me to sign an affidavit that he will represent me in court. I don't work for them anymore ...do they want to screw me in some way ? this is what I got from the lawyer they hired :

    "The overweight ticket you were charged with is and of itself the complaint in this matter. While you were driving for another entity, the actual offense for any traffic violation, including overweight violations necessarily goes against the driver. The Prosecutor of Northlake is offering you supervision on the overweight (which is a business violation and will not harm your CDL) and a decrease in the bond paid by the company you were driving for. All costs for the ticket would be paid out of the bond so you would not owe the court anything additional. Please let me know if you have any questions."
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

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

  3. Chinatown

    Chinatown Road Train Member

    50,326
    87,515
    Aug 28, 2011
    Henderson, NV & Orient
    0
    I worked for an intermodal company for about a year. One of the drivers got a ticket similar to yours. On top of that, he was caught dodging the scales.
    Company had to pay it.
    That was in Tennessee.
    You being in Illinois, you'll probably be thrown under the bus.
     
    77fib77, Solo Soul and NavigatorWife Thank this.
  4. Brettj3876

    Brettj3876 Road Train Member

    7,637
    30,996
    Nov 18, 2014
    Canceling cancel culture/CCC
    0
    One of the downfalls of running local cans. Hard to get to a scale downtown chi town. We're there any scales nearby you could of used?
     
    NavigatorWife and Doealex Thank this.
  5. Chicago123456

    Chicago123456 Bobtail Member

    15
    6
    Nov 27, 2020
    0
    there was no scales i could use. I am a little concerned about "supervision"..it sounds like it will impact my CDL driving record...?
     
    77fib77 and NavigatorWife Thank this.
  6. not4hire

    not4hire Road Train Member

    7,096
    26,451
    May 16, 2012
    Calgary
    0
    Ask a lawyer that is working for you, not the company.
     
  7. EuropeanTrucker

    EuropeanTrucker Medium Load Member

    392
    547
    Jun 15, 2018
    0
    There is scale right there in Northlake where he got pulled over.
     
    77fib77 and NavigatorWife Thank this.
  8. Chicago123456

    Chicago123456 Bobtail Member

    15
    6
    Nov 27, 2020
    0
    where? between UP on Lake and Lake and 25th ...where is a scale ?
     
    NavigatorWife Thanks this.
  9. EuropeanTrucker

    EuropeanTrucker Medium Load Member

    392
    547
    Jun 15, 2018
    0
  10. Ridgeline

    Ridgeline Road Train Member

    17,338
    73,091
    Dec 18, 2011
    Michigan
    0
    Wait … op, the statement makes no sense. When were you driving for someone else?

    So because of that, I have a couple questions …

    first is are/were you leased to the company or were you an employee?

    Also were you driving the vehicle under the instructions of the company?

    if you were leased to the company, your contract will be the guide for who pays.

    If you are an employee, then it is all on them.
     
    Trucker61016 and otherhalftw Thank this.
  11. Chicago123456

    Chicago123456 Bobtail Member

    15
    6
    Nov 27, 2020
    0
    they made me create my own LLC and they were paying me with checks business to business. that's a trick to avoid paying benefits, SS ,etc. they gave me truck to drive, they set hours and instructions. per IRS code I met definition of an employee. I suspect that when they hired a lawyer to "represent" me in court they came up with some sort of story that sets the blame on me ..hence the supervision deal. lawyer explained : "supervision on the overweight is a business violation" ...well it goes on my record ..so how is it business ??!!
     
    Last edited: Jun 24, 2021
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

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

  • Draft saved Draft deleted