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Thread: Ouch 20 mph over ...get a lawyer

  1. #1
    BIG JEEP on 44's is offline Senior Board Member
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    Default Ouch 20 mph over ...get a lawyer

    On my way to work last night I was on us-6 west in lakewood,co this was at 2230 mdt so the 6 lane section of highway is 3 ln E and 3 lane W was fairly empty with a speed limit of 65 mph I was doing 70-72mph or 5-7 mph over...I was passed by a red f-150 doing 85+ ,and about 1/2 a mile later I get a set of disco lights behind me ,and was pulled over ,well the officer asked if I knew why I was pulled over ...I said , No sir...His reply speeding ,and do you know how fast , And I replied no ...The officer stated 85 in a 65 ...Well that's a 20mph over and 6pt violation...This pisses me off b/c I have not done more than 5-7 mph over in almost 5 yrs . I know I could from experience in traffic court in my early days get an easy reduction to 2pt and 10mph over ,but I'm told that with a good drving record and a lawyer that it's possble dismissal or a drop to a non moving ...I'm also told that in Coloado part of the usual deal obtainable is driving school ,but you'll only get if represented by a lawyer ,So I'm spending $1000.00 for my traffic lawyer ,And now have wait to see how this shakes b4 I head off to CON-WAY'S orientation...I don't want to spend the $1000.00 ,but I know how the courts work here in this area of Colorado ,so best to play the game the way they like ,which is hiring familliar people of the DA to represent you...What a sham .
    Last edited by BIG JEEP on 44's; 12-02-2008 at 11:24 AM.

  2. #2
    Scoe's Avatar
    Scoe is offline Administrator Senior Board Member
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    I don't care what state you are in, if they are following the Federal directive of 2005 then you can NOT go to driving school to get a ticket dismissed/reduced. It is not an option anymore for CDL holders.
    "In trucking, 2 wrongs don't make a right but 3 lefts do!!"






  3. #3
    BIG JEEP on 44's is offline Senior Board Member
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    Quote Originally Posted by Scoe View Post
    I don't care what state you are in, if they are following the Federal directive of 2005 then you can NOT go to driving school to get a ticket dismissed/reduced. It is not an option anymore for CDL holders.


    I had a ticket in a CMV in Chouteau Oklahoma in dec 2006 I paid $50 on top of the$94.00 ticket ,and they held the ticket for 6 months and as long as I did not get another in a 12 month period it was dismissed . I got the ticet b/c I did not see the obstructed sign saying speed reduction ahead from 65-50 ,and so I was doing 60 in a 50mph in a CMV ...and it's surely not on my MVR ...it's all about $$$ .

  4. #4
    Mr. Ford95's Avatar
    Mr. Ford95 is offline Super Moderator Senior Board Member
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    Did you tell the officer that he had messed up and that you were actually only going 5 over and that a red pickup had just come blasting by you and that was who he picked up?

  5. #5
    belpre122's Avatar
    belpre122 is offline Local Advocate Senior Board Member
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    Isn't anything 15 MPH over the posted limit now a CDL disqualification? That's what is on the bulletin board at work..........along with the railroad crossing etc, etc...................
    "Just another OTR coolie carrier. They suck. They ALL suck. Run away from coolie OTR trucking" The Great ColdFrostyMug

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    Rev.Vassago's Avatar
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    "But your honor, I was only breaking the law a little bit!"

  7. #7
    BIG JEEP on 44's is offline Senior Board Member
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    Quote Originally Posted by Mr. Ford95 View Post
    Did you tell the officer that he had messed up and that you were actually only going 5 over and that a red pickup had just come blasting by you and that was who he picked up?

    No I just said I was not doing 85mph in 65mph...And politely left it there,and took my ticket.

  8. #8
    BIG JEEP on 44's is offline Senior Board Member
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    Quote Originally Posted by Rev.Vassago View Post
    "But your honor, I was only breaking the law a little bit!"

    I don't have an issue with getting cited for the 5-7mph over I was doing , As it certainly is a big difference from the claimed 20mph over ...And I know I will not be getting worse than 2pts and 10over ,which is more than I was going ,but better than raped for 20mph.

  9. #9
    Rev.Vassago's Avatar
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    Fair enough. I thought you were trying to get out of it entirely. My bad.

  10. #10
    BIG JEEP on 44's is offline Senior Board Member
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    Quote Originally Posted by Rev.Vassago View Post
    Fair enough. I thought you were trying to get out of it entirely. My bad.


    No I drive 5-7mph over much of time on the big roads ,As it's rare to get ticketed for such ,and I'm not worried about a 5-7 mph ticket b/c it is not going to keep me out of a job if do get 1 ...But 20ph over I have not done in about 5 years...This ticket is not accurate of the infraction ,so I get 2 spend big $$$ to getit either severely reduced or possibly gone ,when the ticket should be 72 in a 65 a ticket I would just pay and go about my way .

  11. #11
    TomB985 is offline Board Regular
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    Quote Originally Posted by belpre122 View Post
    Isn't anything 15 MPH over the posted limit now a CDL disqualification? That's what is on the bulletin board at work..........along with the railroad crossing etc, etc...................
    A 15 MPH over ticket is a "serious violation". Two serious violations within a three year period will result in a 60 day suspension.

    http://www.fmcsa.dot.gov/rules-regul...section=383.51#

    The All Knowing Oracle is starting to slip....

    I was doing 70-72mph or 5-7 mph over...I was doing 70-72mph or 5-7 mph over...

    If you had set your trailer brakes, you wouldn't have been going that fast to begin with!

  12. #12
    TruckerChris is offline Senior Board Member
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    Maybe it's a sign from above saying that you shouldn't go to Conway TL...

    Actually, I'm telling you not to go there...

  13. #13
    BIG JEEP on 44's is offline Senior Board Member
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    Quote Originally Posted by TomB985 View Post
    A 15 MPH over ticket is a "serious violation". Two serious violations within a three year period will result in a 60 day suspension.

    http://www.fmcsa.dot.gov/rules-regul...section=383.51#

    The All Knowing Oracle is starting to slip....




    If you had set your trailer brakes, you wouldn't have been going that fast to begin with!
    Hard to set trailer breaks in POV with no trailer ...this was in a POV not CMV ...wink

  14. #14
    TomB985 is offline Board Regular
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    Well aware of that...was trying to be funny....didn't work so well....

  15. #15
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    Quote Originally Posted by Scoe View Post
    I don't care what state you are in, if they are following the Federal directive of 2005 then you can NOT go to driving school to get a ticket dismissed/reduced. It is not an option anymore for CDL holders.
    Had a 59/45 while i had my cdl learners permit... in my car that is.. went to driving school online and got it reduce to def. equipment... hell it worked for me!!

  16. #16
    BIG JEEP on 44's is offline Senior Board Member
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    Quote Originally Posted by Hawkjr View Post
    Had a 59/45 while i had my cdl learners permit... in my car that is.. went to driving school online and got it reduce to def. equipment... hell it worked for me!!

    And according to my lawyer it's still an option...but hard to get without a lawyer ...The courts do
    as they please in these areas ,and also have options since you were not operating a CMV .

  17. #17
    pete421 is offline Rookie
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    Quote Originally Posted by BIG JEEP on 44's View Post
    On my way to work last night I was on us-6 west in lakewood,co this was at 2230 mdt so the 6 lane section of highway is 3 ln E and 3 lane W was fairly empty with a speed limit of 65 mph I was doing 70-72mph or 5-7 mph over...I was passed by a red f-150 doing 85+ ,and about 1/2 a mile later I get a set of disco lights behind me ,and was pulled over ,well the officer asked if I knew why I was pulled over ...I said , No sir...His reply speeding ,and do you know how fast , And I replied no ...The officer stated 85 in a 65 ...Well that's a 20mph over and 6pt violation...This pisses me off b/c I have not done more than 5-7 mph over in almost 5 yrs . I know I could from experience in traffic court in my early days get an easy reduction to 2pt and 10mph over ,but I'm told that with a good drving record and a lawyer that it's possble dismissal or a drop to a non moving ...I'm also told that in Coloado part of the usual deal obtainable is driving school ,but you'll only get if represented by a lawyer ,So I'm spending $1000.00 for my traffic lawyer ,And now have wait to see how this shakes b4 I head off to CON-WAY'S orientation...I don't want to spend the $1000.00 ,but I know how the courts work here in this area of Colorado ,so best to play the game the way they like ,which is hiring familliar people of the DA to represent you...What a sham .
    sup dude you had my back so i believe your story too, the answer is just get a lawyer pay whatever it takes, and theyll get it reduced to a non moving violation, a while back in illinois on 57 comin home i was goin my usual 60-65 and just nailed it to pass a bus sure enuff got nailed 75, lawyer reduced to seatbelt

  18. #18
    BIG JEEP on 44's is offline Senior Board Member
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    Quote Originally Posted by pete421 View Post
    sup dude you had my back so i believe your story too, the answer is just get a lawyer pay whatever it takes, and theyll get it reduced to a non moving violation, a while back in illinois on 57 comin home i was goin my usual 60-65 and just nailed it to pass a bus sure enuff got nailed 75, lawyer reduced to seatbelt
    Well that's what my lawyer is pretty much saying I'll end up with a non moving violation ticket that costs about 1000.00 in lawyer fee plus the ticket costs...It's a raquet ,but they know we'll pay the fees to get the deals the da only gives to his suited lawyer friends...oh well could be worse .

  19. #19
    Scoe's Avatar
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    Quote Originally Posted by BIG JEEP on 44's View Post
    I had a ticket in a CMV in Chouteau Oklahoma in dec 2006 I paid $50 on top of the$94.00 ticket ,and they held the ticket for 6 months and as long as I did not get another in a 12 month period it was dismissed . I got the ticet b/c I did not see the obstructed sign saying speed reduction ahead from 65-50 ,and so I was doing 60 in a 50mph in a CMV ...and it's surely not on my MVR ...it's all about $$$ .

    I believe you that they did this for you, but that doesn't make any less illegal according to:

    FMCSA Regulation 384.226

    FMCSA - Regulation: 384.226
    "In trucking, 2 wrongs don't make a right but 3 lefts do!!"






  20. #20
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    Quote Originally Posted by BIG JEEP on 44's View Post
    Hard to set trailer breaks in POV with no trailer ...this was in a POV not CMV ...wink
    If it was in a POV, you will NOT get a 60 day suspension for a second offense UNLESS it results in the revocation of your driver's license. Read table 2, column 2 of 383.51.

    But, I would make SURE it gets reduced or dropped. Conway nor anyone else is gonna want to see that on your record.
    Remember... friends are few and far between.

    TRUCKIN' AIN'T FOR WUSSES!!!

    "I am willing to admit that I was wrong." The Rev.

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