Time to Fight CSA “WARNINGS”

Any violation on an inspection can be contested through the Data Q process. If that violation was issued in error it will be removed.

 

The problem is, contesting it won't do anything, since there is no judge order to remove it.

 

DataQ

 

Good luck finding an attorney interested in taking that case.

 

Except it goes back to the issuing officer to get fixed. And I'm sorry if this offends, but an LEO's ego simply will not allow them to admit they were wrong.

As for the case, it's already been to federal court and lost.

 

Here is how it works - at least in my agency.
Data Q goes to the top of the chain. Big bosses hand it down the chain to the local chief, then the officer's supervisor, then finally the officer.
If the officer is issuing bad citations or bad violations on inspections, his superiors will know about it. It will be obvious to everyone in the chain. If the officer persists in doing this he faces reprimand, etc.
The officer must support any violation or citation with proper documentation - photographs, video, copies of documents, etc. If the violation is not clearly supported by documentation and is not a clear violation of regulation, the violation will be removed.

 

I’ve done 2 dataQ’s. Won the first, lost the second.

 

Have done various Data Q's since it became available.

Managed to bat .500

Hardest was an overweight where the operator 'escaped' with the door signs and I had to find the actual carrier before the deputy would remove the information. Local manager managed to find the SCAC but that wasn't enough for him so I had to get the group that issues the SCAC to tell me the carrier's info.

Easiest was asking the NY troopers to remove an accident because a wild turkey committing suicide on our windshield was not a DOT recordable accident.

As mentioned above, the Data Q comes down the chain of command to the issuing officer and it you are right, it will be corrected.

 

That right there shows the ridiculousness of it all, the fact that they even wrote you up for a wild turkey hitting your windshield shows just how low they'll go to write stuff up and seek promotions.