Received ticket for ice falling off trailer in NJ

Discussion in 'Experienced Truckers' Advice' started by HardlyWorkingNeverHome, Jan 24, 2009.

  1. HardlyWorkingNeverHome

    HardlyWorkingNeverHome Heavy Load Member

    Joined:
    Mar 18, 2008
    Messages:
    709
    Thanks Received:
    316
    Location:
    Hamden,CT
    0

    I'm using his service and as a non member they quoted me $395. I asked him a few questions on Roaddog then called the service.
     
  2. squirrellsgnwild

    squirrellsgnwild Medium Load Member

    Joined:
    Jul 19, 2007
    Messages:
    469
    Thanks Received:
    51
    Location:
    In that nuthouse they call California
    0
    loading as to spill huh. so that means you put snow and ice on top of your trailer??? :biggrin_2554:
     
  3. Brickman

    Brickman Trucker Forum STAFF Staff Member

    Joined:
    Sep 17, 2006
    Messages:
    12,907
    Thanks Received:
    12,209
    Location:
    WY
    0


    I see they've raised the price since 05. I got a ticket then and it would have cost me $300 to have them fight it.

    I just paid that one, but signed up for their service. Only used em once since.
     
  4. HardlyWorkingNeverHome

    HardlyWorkingNeverHome Heavy Load Member

    Joined:
    Mar 18, 2008
    Messages:
    709
    Thanks Received:
    316
    Location:
    Hamden,CT
    0
    Ok I had Court this week and the ticket was dismissed "No injury. No Damage. Not guilty"

    The officer had made 2 mistakes.

    1.By changing the charge after the fact, he did not follow due process which requires 30 days notice.

    2. This is the big one. By changing it to the bigger ticket he actually made it easier to beat! 39:4-77.1 requires injury or damage to be charged with this statute.

    The prosecutor waited about an hour for the officer to show up in case there might have been an extenuating circumstance to write the ticket. The funny thing is.... In Alpha they don't show up unless they are called in. When an officer writes a ticket "in good faith" ultimately it is the courts decision on how to proceed. They could change the charge and reschedule if they really felt like it.

    Since New Jersey has no snow topped vehicle law, (unless you injure or damage something) the easiest thing to do was to dismiss!

    If you do injure someone and the police write up an accident report, the injured party has 30 days to sign a ticket against you. If they don't sign a ticket against you, you have no witness to 39:4-77.1 and should still be able to beat it.

    I have a coworker who was ticketed for 39:4-77.1 and the injured party signed a ticket against him. He had court the other day. If he is able to get dismissed or reduced from the $500-$1500 fine it is I'll let you know.
     
  5. tucker

    tucker Road Train Member

    Joined:
    Jun 13, 2008
    Messages:
    12,647
    Thanks Received:
    40,423
    Location:
    IN
    0
    Good Deal, you beat the ticket.
    I reread one of your older posts, seems like that stretch of I-78 would have removed all the snow and ice off your trailer if you ran it at 55 MPH.
     
  6. HardlyWorkingNeverHome

    HardlyWorkingNeverHome Heavy Load Member

    Joined:
    Mar 18, 2008
    Messages:
    709
    Thanks Received:
    316
    Location:
    Hamden,CT
    0
    I thought so too but when I took my break it was 42degrees or so and very sunny. I may have had a thin sheet still stuck some were that came off I think. Oh well.
     
  7. ColoradoDreamin

    ColoradoDreamin Light Load Member

    Joined:
    Feb 25, 2009
    Messages:
    51
    Thanks Received:
    16
    Location:
    Colorado
    0
    It's an easy fix really...all you need is a flat bedders tarp, bungees and a hard hat. Tarp the trailer before it snows and then pull it off while you're doing your pretrip...just watch your head!!!

    :biggrin_25525:
     
  8. PharmPhail

    PharmPhail Road Train Member

    Joined:
    Nov 7, 2008
    Messages:
    3,084
    Thanks Received:
    1,125
    Location:
    NC
    0
    Somehow I think his fix of showing up and beating it was easier!
     
  9. biggare1980

    biggare1980 Medium Load Member

    Joined:
    Apr 29, 2009
    Messages:
    344
    Thanks Received:
    192
    Location:
    Springfield, Ohio
    0
    I remember that, and if I'm not mistaken it wasn't to long after that the news station started their little special report that made it seem they had a vendetta against trucks. Of course we all know how greatly we are loved by the great state of Ohio. I used to hate coming home cause that meant I had to drive into Ohio. Greetings from Springfield!!!!:biggrin_25514:
     
  10. Peanut Butter

    Peanut Butter Road Train Member

    Joined:
    Nov 24, 2007
    Messages:
    1,343
    Thanks Received:
    419
    Location:
    PO Dunk Idaho
    0
    So even if there were a de icer sort of thing built at truck stops which a driver would use and get a receipt stating as such then the truck goes down the road when its snowing hard which then snow is going to once again build up on the trailer again then a police officer pulls the driver over for then what?? Is a driver going to keep wasting time going to truck stops or else where to remove the snow and ice just to please that state? That would surely put many trucks and drivers behind on deliveries and pickups. The stupid things people come up with that hate trucks.