Do I Stand A Chance?

Topic 13517 | Page 1

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Earl J.'s Comment
member avatar

On Wednesday I was headed south on I85 right at the bypass interchange in Atlanta GA when traffic starts to slow down so I let out of the throttle to let the jake slow me down to open the cushion between myself and the car in front me when all of the sudden an idiot in the right hand lane cuts right in front of me and locks the brakes down, well I had nowhere to go so I locked them down but couldn't get stopped and rear ended the idiot that cut me off pushing him into the SUV in front on him. I explained all of this to the officer that came out but he still cited me for following too closely. He did advise me that I should show up to fight the citation due to having a CDL , so I'm asking do I have a chance of getting this ticket dismissed if I show up and present my case?

Thanks

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

OWI:

Operating While Intoxicated

G-Town's Comment
member avatar

On Wednesday I was headed south on I85 right at the bypass interchange in Atlanta GA when traffic starts to slow down so I let out of the throttle to let the jake slow me down to open the cushion between myself and the car in front me when all of the sudden an idiot in the right hand lane cuts right in front of me and locks the brakes down, well I had nowhere to go so I locked them down but couldn't get stopped and rear ended the idiot that cut me off pushing him into the SUV in front on him. I explained all of this to the officer that came out but he still cited me for following too closely. He did advise me that I should show up to fight the citation due to having a CDL , so I'm asking do I have a chance of getting this ticket dismissed if I show up and present my case?

Thanks

Hopefully no one was injured. Does your truck have a camera and if so was the accident captured and uploaded?

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

OWI:

Operating While Intoxicated

Earl J.'s Comment
member avatar

double-quotes-start.png

On Wednesday I was headed south on I85 right at the bypass interchange in Atlanta GA when traffic starts to slow down so I let out of the throttle to let the jake slow me down to open the cushion between myself and the car in front me when all of the sudden an idiot in the right hand lane cuts right in front of me and locks the brakes down, well I had nowhere to go so I locked them down but couldn't get stopped and rear ended the idiot that cut me off pushing him into the SUV in front on him. I explained all of this to the officer that came out but he still cited me for following too closely. He did advise me that I should show up to fight the citation due to having a CDL , so I'm asking do I have a chance of getting this ticket dismissed if I show up and present my case?

Thanks

double-quotes-end.png

Hopefully no one was injured. Does your truck have a camera and if so was the accident captured and uploaded?

No one was injured and no I don't have a camera in the truck.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

OWI:

Operating While Intoxicated

Earl J.'s Comment
member avatar

Let me add l just got the police report online and the officer did not state that I was cut off by the other driver so that's total BS, I'm guessing now I'll have to fall back on the fact that I've had my CDL since 1999 and driving commercial vehicles since then with zero accidents.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
G-Town's Comment
member avatar

Let me add l just got the police report online and the officer did not state that I was cut off by the other driver so that's total BS, I'm guessing now I'll have to fall back on the fact that I've had my CDL since 1999 and driving commercial vehicles since then with zero accidents.

Can you contact any witnesses?

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Earl J.'s Comment
member avatar

double-quotes-start.png

Let me add l just got the police report online and the officer did not state that I was cut off by the other driver so that's total BS, I'm guessing now I'll have to fall back on the fact that I've had my CDL since 1999 and driving commercial vehicles since then with zero accidents.

double-quotes-end.png

Can you contact any witnesses?

Why heck no, everyone was just flying past us on both sides it took an act of congress to get pulled over to the shoulder of the road, the car I hit almost got hit again by a Mini Van trying to get out of the road. We are talking Atlanta I85 motor speedway lol

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Tractor Man's Comment
member avatar

That Sucks. That is the main reason I am buying my own personal dashcam. 100 bucks on Amazon. A small price to pay for a BIG CYA. Without any witnesses you get the ticket. Following too closely. Good luck

sorry.gif

OWI:

Operating While Intoxicated

J Johns's Comment
member avatar

I can't answer your question but my humble suggestion for the future: think of a dashcam or two as an insurance policy, & replace or upgrade them as necessary.

Rick S.'s Comment
member avatar

You get a lawyer yet?

In many (most cases) the officer cannot testify as a "witness" to the accident, if he didn't actually see it. This means that the person you hit, and any other witnesses would need to testify.

Typically - with the officer as the "complaining witness", having not actually SEEN the accident - they will no-show for the court date, and the case gets dismissed. With a CDL - ANY CITATION YOU GET, needs to be fought - just on the chance that the cop won't show and the case gets thrown out.

The other potential issue here, is that 4 wheelers see "brake checking" a tractor trailer as a "gravy train". Commercial Liability for trucking is $1 Mil - so there's $$ to be had (in the event they actually survive).

A "following too closely", citation operating a CMV , is considered a "serious offense" - so a conviction for this citation could possibly jeopardize your CDL. If it was a DOT Reportable Accident (vehicles disabled and having to be towed or injuries requiring an ambulance ride/hospitalization), and you were cited and found at fault - is going to reflect hard on your CSA and the companies safety store.

So yes - pony up the $$ for a lawyer and fight the citation. Take another couple of $$ and get a DASHCAM to protect against this kind of stuff. The better ones (Garmin) will have GPS location and speed imprinted on the video stream.

How did your company deal with this? Do you still have a job? What does your prior safety/accident history look?

Rick

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

Earl J.'s Comment
member avatar

You get a lawyer yet?

In many (most cases) the officer cannot testify as a "witness" to the accident, if he didn't actually see it. This means that the person you hit, and any other witnesses would need to testify.

Typically - with the officer as the "complaining witness", having not actually SEEN the accident - they will no-show for the court date, and the case gets dismissed. With a CDL - ANY CITATION YOU GET, needs to be fought - just on the chance that the cop won't show and the case gets thrown out.

The other potential issue here, is that 4 wheelers see "brake checking" a tractor trailer as a "gravy train". Commercial Liability for trucking is $1 Mil - so there's $$ to be had (in the event they actually survive).

A "following too closely", citation operating a CMV , is considered a "serious offense" - so a conviction for this citation could possibly jeopardize your CDL. If it was a DOT Reportable Accident (vehicles disabled and having to be towed or injuries requiring an ambulance ride/hospitalization), and you were cited and found at fault - is going to reflect hard on your CSA and the companies safety store.

So yes - pony up the $$ for a lawyer and fight the citation. Take another couple of $$ and get a DASHCAM to protect against this kind of stuff. The better ones (Garmin) will have GPS location and speed imprinted on the video stream.

How did your company deal with this? Do you still have a job? What does your prior safety/accident history look?

Rick

Thanks for the info, all vehicles we're driven away with no injuries, as for my safety record zero accidents since obtaining my CDL in April of 1999 with one 9 mph over March of 2014. As for the 4 wheeler I hit he is from Marietta GA and only 25 years old thought he was from North Carolina cause his tags are NC but apparently his Daddy still owns it, the other 4 wheeler was from FL so I'm pretty sure he won't be there for court. Guess I'll be spending some $$$ cause I don't want this on my record cause it really wasn't my fault it was that young kid in such a darn hurry jumping right in front of me cause there was a gap. My job is still good because my driving record speaks for itself. Got about a $100 on my Pilot points card so a dash can won't hit my wallet to bag.

Thanks again

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

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