Trail By Written Declaration

Discussion in 'Experienced Truckers' Advice' started by farmhand, Sep 21, 2012.

  1. farmhand

    farmhand Bobtail Member

    12
    0
    Feb 22, 2012
    Central, CA
    0
    I received a ticket at a California DOT station for my kingpin being 42 feet (2 feet over). Trying to write a "Trail by Declaration" statement to lessen my ticket and could use any help.
    The facts are;
    -I was over by 2 feet.
    -Was given that trailer that day and it was poorly marked.
    -Only been a driver for several months and was not sure of the limits.
    -My weights were under the limits.
    -After moving the back wheels forward, I was still under weight limits.

    Any ideas on what to write would be appreciated.
    Thanks
     
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  3. STexan

    STexan Road Train Member

    14,963
    29,160
    Oct 3, 2011
    Longview, TX
    0
    First off, make sure you master the spelling of "trial" before submission to a judge. Otherwise, give it a go. Not sure what else you could note than what you've already mentioned. Few trailers are properly marked so you'll have to convince a judge you haven't been certified in "Tape Measure Operation"
     
    Semi Crazy Thanks this.
  4. seabring

    seabring Road Train Member

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    Apr 24, 2011
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    It's worth the effort to put an appeal forward for the sake of your license. I do however think you will have a hard time in making a case in why you should be let off. It's a cut and dried argument, you were 2 feet over a limit you should have been aware of. If you thought the trailer was incorrectly marked you could have checked it with a tape measure and been sure of the length. These are things that you should have done but didn't. It's a hard pill to swallow but ignorance is not an excuse. As for what to write in your defense of the ticket I believe what you put here as your reasons is about all you can put. Stick to the truth and don't look to be making weak excuses but give reasonable reasons as to why you believe you should be let off . I tried to fight an overweight ticket i received in 2010 for being over the limit on a road with spring weight restrictions. I was a new driver at the time and explained that and also played a little naive on the definition of the weight limits. Didn't work, still had to pay. So I say give it a shot but don't expect to be let off for it.
     
  5. Chibob

    Chibob Medium Load Member

    387
    196
    Jul 23, 2012
    Columbia, Missouri
    0
    They don't give these tickets because you are unsafe, the trailer would damage the road, or because you can't make the turns in that state. They gave you the ticket to enhance their state revenue. Did the ticket list the various "add ons"? Such as court costs, crime victims compensation, fees of different kinds, etc.

    That should give you a clue as to why they are sticklers about a law that means nothing really.

    So, your only chance is to write something that will make the judge laugh. And I mean hilarious, knee slapping guffaws. Then he might cut your fine just because you made his day. Otherwise don't waste your time. They want the money.
     
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