POS speeding new driver

Discussion in 'Trucker Legal Advice' started by k33p3lz, Sep 2, 2011.

  1. Roadmedic

    Roadmedic Road Train Member

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    Yes or it was the last time I got a ticket in 1997.
     
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  3. k33p3lz

    k33p3lz Bobtail Member

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    Sep 2, 2011
    IL
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    I ask the cop before he took it. Its cause I got 2 times at a time which causes me to have a mandatory court time and them taking your license.

    And I think I do need a lawyer.

    As driving until then, the company I work for states i need license in hand to drive. But I can call to see if a copy would work.

    But crzyjarmans is right. should never let anyone else dictate how i drive. stupid on my part.
     
  4. SheriffJohn

    SheriffJohn Light Load Member

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    Jul 28, 2010
    Murrieta, CA
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    Well, in my two decades as a cop, in California, I've NEVER heard of a law enforcement agency take someones license just for speeding. License confiscation is as a result of a DUI, but then a Admin Per Se form is issued in its place, or the cop forgot to give your license back to you (I've done this before). This is odd at any rate.

    Fight the ticket! You have a chance the cop won't show, or you can try to sell your chain of events to the Traffic Commissioner. Look at your cite and see if the cop used radar, lidar, or did he pace you? You can challenge the equipment and his training and experience by filing a "Dueces Tacum." Subpoenaing his training records for traffic enforcement and certificates of calibration of the equipment, which was used to verify your speed. If he/she fails to provide this you will win, because the burden of proof is on them, not you.

    But as the other driver said, you shouldn't let some else dictate your driving speed. People can be trolls so you have to learn some discipline to avoid this again. Good Luck!
     
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  5. Roadmedic

    Roadmedic Road Train Member

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    Here is the law for Illinois.
    See the Bail section.

    http://www.isp.state.il.us/traffic/speedlimitenf.cfm
     
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  6. wis bang

    wis bang Road Train Member

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    That's what IL does, the ticket has a bunch of boiler-plate about how it is your temp driver license...
     
  7. Roadmedic

    Roadmedic Road Train Member

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    Only problem I see with them doing this is that you no longer have the CDL in your possession.
     
  8. Big Don

    Big Don "Old Fart"

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    Not all states do things the same way. Hell, not all jurisdictions even do things the same way. Where you worked, could a person from out of the area fight a ticket by deposition rather than having to appear in person? They could in one county I worked in. Surprised the hell out of me when I first went to work there.
     
  9. kalh7

    kalh7 Light Load Member

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    Mar 28, 2007
    southern illinois
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    illinois uses your license as the bond for the ticket. if your saying you cant drive after they take your license for that purpose why would i be able to drive away from the scene with no license in hand? they state to use the ticket as a temp. license.
     
  10. Roadmedic

    Roadmedic Road Train Member

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    There is no problem in the state on driving with a ticket.

    The problem in Illinois is the surrender of the CDL on the ticket.

    The FMCSA requires the driver to be in possession of the CDL while driving and the ticket does not support this.
     
  11. CondoCruiser

    CondoCruiser The Legend

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    Where's the registration? Almost everyone keeps it in the glovebox.

    Yep any road rage incident is amplified by gestures and eye contact. Head straight and drive normal, they'll go away. In that scenario you could of even pulled over by the cop.

    You get back in a truck you can't let your emotions get the best of you. There will be more.
     
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