Verbal warning

Discussion in 'Trucking Industry Regulations' started by RMc87, May 2, 2018.

  1. ChaoSS

    ChaoSS Road Train Member

    3,340
    6,747
    Sep 20, 2014
    0
    Traffic violations aren't handled by juries, nor are evidence hearings in criminal prosecutions. Judges, not juries, decide whether evidence is admissible in court.
     
    Buster Churry Thanks this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

    7,744
    14,393
    May 7, 2011
    0
    A traffic infraction would be PC for the stop, so there is zero chance a random stop will end up in traffic court. In a criminal trial, a jury has the right to acquit for whatever reason they deem worthy...including a belief that the stop never should have happened in the first place. The jury even has the power to say "yes, we know he's guilty of breaking the law but we believe the law is wrong, therefore we acquit"...it's called jury nullification.
     
  4. ChaoSS

    ChaoSS Road Train Member

    3,340
    6,747
    Sep 20, 2014
    0
    I take it you've never sat on a jury.
     
  5. Tb0n3

    Tb0n3 Road Train Member

    3,572
    6,379
    Oct 5, 2012
    Earth
    0
    This reminds me of my first year driving. I got a written warning for 59 in a 55. Had to get it signed by the company. Boss was like "wtf is this?"
     
  6. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

    7,744
    14,393
    May 7, 2011
    0
    I take it you've never read the Constitution.
     
  7. ChaoSS

    ChaoSS Road Train Member

    3,340
    6,747
    Sep 20, 2014
    0
    Of course I have. But no matter what it says, our current government views things rather differently, and that is set it case law and legal precedent through supreme Court findings over and over again.
     
  8. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

    7,744
    14,393
    May 7, 2011
    0
    Governments derive their just powers by consent of the governed, and jury nullification allows we the people one last check upon the government to prevent overreach. Constitution is clear when it states that no fact tried by a jury shall be otherwise re-examined in any Court of the United States. Hell, OJ was guilty as sin yet the jury said "not guilty"...and he can never again be tried for those murders. Same goes for a "random" stop for inspection with no other reason for the stop other than the officer's boredom and desire to harass a driver. If it leads to the discovery of something that lands the driver in court facing civil or criminal charges, the jury ABSOLUTELY has the right to say "no, we don't think he should've been stopped...and if he hadn't been stopped, he never would've been charged...so 'not guilty'"...and if that happens, there isn't a #### thing anyone can do about it. Case law doesn't mean a #### thing if the jury decides the case law is wrong. Simple solution is to have a justifiable reason for the stop which anyone sitting on a jury can understand, which is why "speeding 1-5" became an issue. Cops were stopping trucks using that as PC for the stop, writing warnings for the minor speed infraction along with their inspection so they wouldn't have 100 drivers showing up in court fighting speeding 1-5 tickets and have to explain to a judge why they were wasting his time over such nonsense. Meanwhile, companies were taking big hits on their CSA scores over that BS...so the points were removed from that minor infraction.
     
    KB3MMX and sealevel Thank this.
  9. shogun

    shogun Road Train Member

    6,077
    72,113
    Jan 23, 2009
    Doing a regen
    0
    Here in Mississippi the DOT or the MHP motor carrier division randomly stops trucks with no PC for inspections. They sit in the median and will turn on their blue lights as you approach and perform the inspection in the medians and assign a citation or clean inspection.

    If a ruling on a trial is possibly incorrect or challenged, it moves to the next court up until the Court of Appeals/State Supreme Court. That’s where people like my wife, who is a staff attorney for the State Supreme Court, review the case and either uphold the decision, or rule against it based on procedure and pass it back down to the lower court to rehear. The decision has to be signed on by a majority of the judges before it’s passed back down. Part of the checks and balances in the state.
     
    KB3MMX and Oxbow Thank this.
  10. ChaoSS

    ChaoSS Road Train Member

    3,340
    6,747
    Sep 20, 2014
    0
    If you honestly think a jury is going to nullify and let a trucker go after cops find a dead hooker in his sleeper after pulling him in for a random inspection, you're nuts.
     
  11. x1Heavy

    x1Heavy Road Train Member

    34,024
    41,502
    Mar 5, 2016
    White County, Arkansas
    0
    I believe in the Jury Nullification, however that is one of the things told to a selected jury usually that is seated for trial as not a option. It's a either or or not (Guility or not etc.)

    Most people who are swept up into a Jury Box wont have the knowledge to comprehend or apply Jury Nullification within our Laws.

    I myself was called to serve a number of times until the doctors made them stop that. And did some reading directly from our laws related to that subject.

    As far as the truck's speedometer with a accuracy of +/- 5 mph tolerance has become obsolete. My laptop GPS revealed a FFE practice of running max 63 gps while showing 65 on the speedometer when the averages against several appointment times kept getting towards being late and not quite 65 on the stopwatch mile markers to check it.

    FFE told me that thats it is the way the company trucks are set up and plan on 63 trips instead of 65 or whatever. It was not something generally advertised to drivers back in those days.

    As far as speed tickets etc. Those can be fought by the data saved off the GPS in real time down to 10 feet anywhere on the planet surface in real time when combined with a camera that has it. Essentially I dare a officer tell me I did 80 in a 55 with a 63 governed truck upgrade. A few minutes of court time will dispose of that ticket in a hurry. For example with the video, gps speed etc. Which will also include the length of time sitting at Zero in front of the police car during the traffic stop for a certain number of minutes.
     
    KB3MMX Thanks this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  • Draft saved Draft deleted