Well Crap, Got A Ticket.

Topic 26499 | Page 1

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Don's Comment
member avatar

Friday, I was on my way to make a delivery when I came up to a sign that said "Road closed 15 miles ahead, local traffic only". I thought, "well my delivery is not that far, so I should be okay. Further up the road, I come up to traffic. A few vehicles ahead I see a police vehicle on the street, and a Semi doing a turn-around maneuver, then pass by me in the opposite direction. I am thinking, ""hmmm, what is going on up ahead?". I finally get up to the village police car and the officer tells me to pull ahead and wait. Not good. He eventually tells me the street is closed ahead (which I now plainly see, so I ask him for assist in which street to get around the closure or to turn around. He states "he will, but first he is going to cite me for failure to obey a road sign". I ask him "what sign??", and he replies "the one a couple miles back that said road closed". I reply, "the one that says road closed 15 miles ahead?" He states, "it says 1.5 miles, not 15." I am like "what?" Anyways, he gives me a citation for ORD 432.38 (b) "full time and attention" then proceeds to help me turn around. I head back to the road closed sign, and sure enough, the sign has a very small dot/period between the 1 and 5. Oh, crap! How did I miss that dot?"

I called my Safety manager and boss to advise them, and sent a copy of my citation to the Safety manager. Later, I get home and look up "Full time and Attention". That citation refers to "distracted driving ". I am thinking to myself, "I was not distracted, I just misread the sign." The citation $ amount isn't a big deal, but the probability of 2 points on my CDL is. I'll speak to a lawyer and plead not guilty at my first court appearance, but I doubt it will end well. Just a reminder to be 100% certain what a road sign says before you proceed. The defense of "I thought it was _________ , when it actually read ___________ isn't going to get us far.

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.

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.

PJ's Comment
member avatar

Don did you take a picture of the sign?? That could have been your best evidence. If the dot was that small, apparently 2 of you missed it then a judge would take that into account.

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.

Joseph I.'s Comment
member avatar

I am curious what law you actually broke, since you did not go around a road block the sign said road closed 1.5 miles ahead which to me means it is open for 1.5 miles but when it says local traffic only that means you cannot get all the way through.

Rick S.'s Comment
member avatar

Don did you take a picture of the sign?? That could have been your best evidence. If the dot was that small, apparently 2 of you missed it then a judge would take that into account.

^^^^^ THIS.

Most of these signs are "cobbled together" with stick-on letters/numbers. To be legal, they have to be a certain size, and if the "dot" wasn't proportionally as large as the numbers - then the ticket could get thrown out.

"village cop"? Almost sounds INTENTIONAL...

Rick

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.

Uncle Buck's Comment
member avatar

When you say village cop the first thing that comes to mind is a 70’s disco band. smile.gif

Don's Comment
member avatar

Exactly. The "Road blocked" sign was in town and 100 -150 yards ahead of where the cop was stopping us. He was allowing cars to proceed down other roads to detour around. The sign I passed stated "Road closed 1.5 miles ahead." He ticketed me for "Full time and attention", which is a citation for "distracted driving". That, I totally don't understand.

I am curious what law you actually broke, since you did not go around a road block the sign said road closed 1.5 miles ahead which to me means it is open for 1.5 miles but when it says local traffic only that means you cannot get all the way through.

OWI:

Operating While Intoxicated

Bruce K.'s Comment
member avatar

Don, what a bummer. If I were you, I'd fight that citation. Sounds like you got caught in something similar to a local "speed trap". What was the cop's name? Barney Fife?

Don's Comment
member avatar

Just an update. I retained an attorney to fight the Full Time and Attention citation. He has a reputation of being a solid "fighter" in Huron County, OH. I gave him photos of the Road closed 1.5 miles ahead sign I passed, the location I was stopped, alternate route I could have taken without truck prohibited signs and the actual road closure further up the street. He didn't understand the LEO's reasoning for citing me for Full Time and Attention, but he "is familiar with the LEO's in the town I was detained. He isn't guaranteeing dismissal, but he will appear in court for me, plead not guilty and then work with the prosecutor to see what can be done. Although I am still uncertain of the actual violation I committed, I could just kick myself repeatedly in the groin for putting myself in this situation. Hopefully, my attorney will live up to his local reputation.

EPU:

Electric Auxiliary Power Units

Electric APUs have started gaining acceptance. These electric APUs use battery packs instead of the diesel engine on traditional APUs as a source of power. The APU's battery pack is charged when the truck is in motion. When the truck is idle, the stored energy in the battery pack is then used to power an air conditioner, heater, and other devices

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