I Did A Bad Thing

Topic 32831 | Page 4

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Pacific Pearl's Comment
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My question is this : Should I accept the deal for a 1 mph reduction of the citation?

Here's the deal - the only way to get out of a speeding citation is if the sign is missing or not visible because an ANTIFA terrorist spray painted it, or a tree grew in front of the sign or a truck was parked illegally in front of the sign. Notice how truck exhaust isn't on the list? That's because I can't remember a time I was behind a vehicle whose exhaust was so plentiful that I couldn't see a road sign. I think the lay judge would be in the same camp.

A few years ago, Lane County, Oregon started a, "traffic team". The sheriff's department, "loaned" funds to hire deputies, purchase prowlers and set up their own court. Now, the, "court" is presided over by a lay judge, just like your deal. It was a retired airline pilot who just happened to be the sheriff's next door neighbor. Now, it's not a real court so no attorneys are allowed but if you don't show for your court date your license will be suspended and a warrant will be issued for your arrest just like in District Court. What if you're from a different state? No problem, the State of Oregon will issue you a license and then suspend it. If you get pulled over in Oregon again you will be arrested for driving with a suspended license, even though your real license is perfectly valid. In a shocking turn of events the, "traffic team" paid off their loan in the first year entirely from the proceeds of the tickets they issued. Not only do they cover their operating expenses they have always had a surplus, which is distributed as, "profit sharing" to select employees (like the judge) at the end of the fiscal year.

I'm not saying that's what's going on in your case, but when I saw, "lay judge" and speed trap it sent a chill down my spine. Take the deal.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

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

Stevo Reno's Comment
member avatar

The town of Searchlight, NV is just that, and has been for MANY years ! a speed trap, with a sheriff parked at both ends of the roadway, on the look out for speeders. Speed limits 25 mph....I think I been thru Lyons, and many other small towns driving before. And ALWAYS, kept the truck 1-2 mph under their speed limit signs (mostly night driving) and Yessirree the cops were either parked , or cruising thru those little towns too lol.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
BK's Comment
member avatar

Thanks to everyone who gave me their candid advice about the plea deal. (With time off for good behavior, I could be out of the slammer in 5 years. Lol)

Here’s a related question: If I wanted to change companies in the near future, how would that 14 over speeding ticket be viewed by another company? Would it be a deal breaker from the get go?

I’m not intending to change companies, but I’m just thinking about the “what if” scenario.

PackRat's Comment
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It won't be seen the same as a Roll Over, or a citation for Using A Handheld Device While Operating, but it would be looked at as a big offense. It would be an instant rejection by some carriers; others may require an interview/explanation with a safety department representative for a final ruling.

Pacific Pearl's Comment
member avatar

Here’s a related question: If I wanted to change companies in the near future, how would that 14 over speeding ticket be viewed by another company?

Not good, but you'll have 100x the options you would of had with a 15 over.

Would it be a deal breaker from the get go?

For some companies, but we can't all drive for Prime now, can we?

The driver situation reminds me of the Army in the 80's - the Cold War was raging and they needed bodies. It didn't matter what was wrong with you if you wanted to enlist a waiver was available. Blind in one eye? We'll get you a waiver. You, "experimented" with marijuana so many times that it takes two typed pages front and back to document it all? We'll get you a waiver. You've been dead for 3 years? No problem, we'll get you a waiver.

Today things are more like after the wall fell. Not only were they not giving waivers they were kicking out soldiers that had been serving for years for minor reasons. It isn't that bad in the driver market today but with shrinking freight volumes and more people wanting to work as drivers employers can afford to be pickier. Your prospects will improve in 2024 as things go back to normal (increasing freight and fewer new drivers to compete with).

Pianoman's Comment
member avatar

I don’t know how I missed this whole post but dang Bruce I’m so glad you got a reduction on that. It’s not a great deal but I’d take it. I know you know this but for some clarification for others that may be reading this, the biggest issue is not the 15 over in and of itself. It’s the fact that it was 15 over in a CMV. I know this firsthand because of citations I’ve received in my personal vehicle in the past and the fact I was able to get a trucking job less than 3 years after that citation.

As far as the 14 over, I have a friend who was cited at 13 over in a CMV at a previous company I worked for. He was no longer insurable at that company but found a job at Sysco immediately afterward. I’m sure there are plenty others that would hire you as well.

I’ve kept my nose completely clean for a few years now but while trying to find jobs after my own indiscretions I found that insurance companies are weird and they would surprise you what they allow and don’t allow. One company might not allow you because of the 14 over even though your driving record is otherwise clean, but they might allow someone else who has several other varying smaller infractions. Another company might be the complete opposite. They all have their own very specific rules about what they will and won’t allow and as long as the trucking company wants you and the insurance company can work with you, they’ll hire you.

Again I’m really happy for you that your company will keep you. The best thing you can do is just stay with them until some time has passed. Most companies only look at the past three years for citations and up to five years for accidents (obviously many look further).

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
BK's Comment
member avatar

Pianoman, thanks for that info.

My hope is that others can look at my mistake and understand how costly and troublesome it can be to miss just one sign.

Rob T.'s Comment
member avatar

Did you take the deal? If so, how much did this whole ordeal set you back (citation and attorney fees)? Did your company require anything extra of you like coming in for extra training or safety meetings of any sort?

BK's Comment
member avatar

Did you take the deal? If so, how much did this whole ordeal set you back (citation and attorney fees)? Did your company require anything extra of you like coming in for extra training or safety meetings of any sort?

Rob, my attorney has been out of the office until Monday, so nothing has been finalized. His fee was $900. The fine is only about $160, but I’m not sure about that number yet. I went in an met with our safety director at the company. His only concern was that I get at least a one mph reduction. My fleet manager had a discussion with me about the incident and I explained what happened to him. He was understanding about it, especially because it is my only violation. There was no further action taken. My FM was mainly concerned about me staying on his board because of my production and dependability. He doesn’t want to lose someone he calls “Mr. Automatic”. I think any company will work with a driver on something like this if the driver is making the company money. It only makes sense.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

Fleet Manager:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Michael W.'s Comment
member avatar

Would Kansas allow you to ask for Traffic School to keep the ticket off your record? That's kinda like probation that'll keep your record clean as long as you don't have any more moving violations during a certain time-frame (usually 1 year). Some jurisdictions allow for online classes at one of their approved schools, other will require in-person attendance. It would suck having to go there, but might be worth it to keep your record clear.

I ask if Kansas allows this, because my state (Texas) does not for CDL holders. Regular licenses, yes - not for us. They expect better of us, apparently. I found that out the hard way...but...the magistrate apparently took pity. I paid the ticket, never went into court, and the ticket never was posted to my license. Pity allowed? Yes. School? Nope. I was blessed.

Anyway, glad you achieved your primary goal of saving your gig. But, it may serve you further to check into traffic school, if it's allowed at this point or at all.

Pianoman, thanks for that info.

My hope is that others can look at my mistake and understand how costly and troublesome it can be to miss just one sign.

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.
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