Time based local ordinance

Discussion in 'Trucker Legal Advice' started by Pmart85, Nov 17, 2016.

  1. Pmart85

    Pmart85 Bobtail Member

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    Nov 17, 2016
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    I'm seeking help with an arrest citation in lower Windsor TWP in York, PA. There is a sign that states no waste haulers between 6 PM and 6 AM Mon through Sat. I was pulled over as part of a crackdown of that ordinance and am awaiting the summons. I passed the sign at 5:57am, I haul things other than waste, although I was hauling waste at the time. The officer has no proof of this though as he never asked for documentation . It's my understanding that the fine I is around $600 and I would like to fight it. How do I find out if the sign is legal also What clock am I supposed to operate by if three minutes means the difference of $600? Can I fight it based on him not having evidence that I was hauling waste?

    Thank you
     
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  3. not4hire

    not4hire Road Train Member

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    You're a waste hauler, yes? The sign says "No Waste Haulers", not "No Hauling of Waste", correct? The restriction is between 6:00 PM and 6:00 AM and you got pulled over at 5:57 AM while hauling waste, right? I know it seems like a CS ticket, but thems the rules.

    Beg for forgiveness and get new watch batteries.
     
  4. wore out

    wore out Numbered Classic

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    I agree could you have been to the other end out of the restricted area in 3 minutes. If no your SOL
     
  5. ZVar

    ZVar Road Train Member

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    Let me get this strait. You admit you broke the law in all respects (time, materials, location) and you want to know if you can fight it?

    Ok, wow.... Some people.

    Of course you can fight it. You get a lawyer or you plead not-guilty to the court. A court date will be set. You show up for court. Piss off judge for fighting a ticket you 100% deserved. Pay full amount of ticket plus court fees. Or.. You could just pay the ticket and I dunno.. follow the road restrictions from now on.
     
  6. flatbeb mac

    flatbeb mac Medium Load Member

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    Which clock, that is a funny one. Captain Obvious says, the time zone that the sign is posted in.

    I take it that you are indeed a "waste hauler", sign says "no waste haulers" so I take that to mean rather a waste hauler is empty or hauling fine art, the sign still says "no waste haulers"

    You might get lucky if you could prove that you wouldn't have been in the no go zone by the time stated. Which technically you weren't and the proof would be on the officer if the time on the ticket was not within the
    no go time you could stay that you was going up to ??? and turning around or what ever. I guess you stated that you only passed the sign @ 5:57 not what time you got stopped. Maybe you should just pay up.
     
  7. ExOTR

    ExOTR Windshield Chipper Extraordinaire

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    Judge will likely dismiss it, 3 minutes may be illegal but its close enough to be reasonable.
     
  8. Truenorthexpress

    Truenorthexpress Light Load Member

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    You admitted to being 100% wrong, but if I was to fight it I would just say it was 6:02 on the radio clock in the cab and that's what I base my log sheets off is the radio time.
     
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