Should I get an Attorney?

Discussion in 'Ask An Owner Operator' started by Verdel, Aug 22, 2015.

  1. Verdel

    Verdel Medium Load Member

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    On 19 of August around 6:00 AM, I was pulled over by DOT for inspection. First time I see DOT cops in group of 5, hunting trucks around Dallas International Airport. The cop took my log book and DL and said follow me. So we drive 1 mile down to a HUGE parking lot in a new warehouse. Many truck were already there, have been inspected - mostly brakes. So they found one leaking brake chamber hose on the trailer and put me out of service. I dropped the trailer, went to TA and got the hose went back and replaced. This ticked will cost me 4 points. I am thinking to get a Lawyer. Do you know any good one in Grapevine, TX. The court is Muniicipal Grapevine, TX. If I can get a deal to pay the ticket, but no points in my record?
     
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  3. truckon

    truckon Swamp Thing

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    Whats the lawyer for?
     
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  4. Diesel Dave

    Diesel Dave Last Few of the OUTLAWS

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    I had a leaky diaphragm on the steer axle when I mash on it and it was only a fix it ticket, plus $20.00 for there court cost or process. No points, No fine. Btw, this inspection was in Banning Ca. Westbound scales and most of us know the reputation they have.
     
    Last edited: Aug 22, 2015
    Reason for edit: added
  5. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Should've just pinched the line off so it wasn't leaking anymore and been on your way. OOS requires 20% of your brakes to have a defect...so on a 5 axle truck, you aren't OOS until the 2nd brake with issues is found. The audible air leak is what got you OOS, though...so a pair of vice grips on the line (and cage the brake if it was the supply line) and roll on outta there.

    Occifer may not have liked it, but there wouldn't have been much he could've done about it. The FMCSA has their OOS standards, and as soon as you're back within what they'll allow for you to proceed, you're free to go.
     
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  6. whoopNride

    whoopNride Road Train Member

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    At least they took you to a huge parking lot, and didn't do it on the side of the road. That is so dangerous.

    A lawyer will cost you way more than it's worth to keep 4 points off your record. Unless of course you already have a lot of points.
     
  7. catalinaflyer

    catalinaflyer Road Train Member

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    I agree with @truckon what's the lawyer for?

    Points on your CSA a lawyer is going to be able to do nothing about unless you can take the ticket to court then waste a year of your time trying to get the agency who issued the OOS order to rescind it.

    As for points against your license, are there some skeletons in the closet, do you already have a lot of points?

    Spending money on a lawyer really isn't going to accomplish much IMHO.
     
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  8. otherhalftw

    otherhalftw R.I.P.

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    Why pay a lawyer to present the factual argument (DOT Standards for OOS) to the court? You have the answers given to you right here already...20% of brakes, one of 10 is 10%...
    Be a professional driver, represent yourself in court. When your turn comes to be before the judge and the judge asks if you want representation, you politely tell the judge you will be defending "pro se" (the legal term for self representation, pronounced "pro" "say"), you have 3 copies of the regulation with you, one copy you give to the judge (hand it to the bailiff), the second copy you give to the city attorney, the third is for you to read from. You read out loud the section you are referring to, and request the judge dismiss the citation due to "cause", the cited infraction was insufficient and request it (repeat again) be dismissed.
     
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  9. Verdel

    Verdel Medium Load Member

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  10. Verdel

    Verdel Medium Load Member

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    image.jpg My record is clean, as a driver and as a company. This will be my first violation in 2 years - as I have the company.

    They didn't. Give me a ticket, but a list. What I see here is, they put 2 violations, the second is for discoloration of plastic tube - air supply line. When one was checking under the trailer, another one was watching my gauges and said: He is not loosing air, really good air compressor!

    Here is a picture of the violations.
     
  11. Verdel

    Verdel Medium Load Member

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    I remember 4 years ago in Lexington, TN - my landing gear stuck in some road near I-40 and I got a ticket for blocking the road. Hired local lawyer and He knew the judge very well and dismissed my ticket. Maybe I was lucky, but had a good experience. The only bad thing was - I had to appear in court.
     
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