Trucker's Safe Haven becomes a Nightmare

[solofemtrucker]

I am a 53 year old female solo long haul trucker who was finally getting a decent income. I worked for Werner Enterprises as a company driver- all 48 and I was enjoying my life for the first time in years. I was under a Just-in-Time load heading for Texas and my driving hours were nearly gone. I stopped at the TA in Montgomery, AL for safe haven and rest as I have done a million times all across the country. I drove through the lot and found no regular parking so I improvised once again as I have done a million times all across our great country. I pulled in behind another truck alongside the scale and went right to sleep. A couple of hours later I was awakened by a security guard who told me that I had to leave. I explained that I had no legal hours to drive. He asked me if I was retarded. He told me to drive down the road. I attempted to call my fleet manager and to raise someone on the qual com to no avail. I knew that if I left and had an accident that resulted in a fatality that I would go to prison and my company would face a lawsuit. I chose to do the right thing and not drive tired. The night manager of the TA came out and said that because I drove for Werner and because I was female that I was not welcome there and I had to leave. At that time a regular parking spot opened up behind me and I put the truck into it and went back to sleep. A while later I was again awakened this time by the police and I was arrested and taken to the city jail. Even though the prosecutor, the judge, and every police officer that I had contact with said that it was ridiculous and that I should not have been arrested, I now have a misdemeanor (criminal trespass 3), I was suspended for 5 weeks with no pay, and fired on Christmas Eve by Werner. I have been rehired by my former employer of 8 years but that is not what I want to be doing. I have a spotless motor vehicle record and had a spotless criminal record. I feel so wronged because I used to stand up for Werner against the complainers. I gave Werner a second chance when they left me stranded 200 miles from my home after a bad experience with a trainer. I have no safety or customer issues. I am clean, don't drink, don't smoke, don't do drugs, or engage in any other risky behavior. I am discouraged and am looking for advice and legal help to get this off my record.

[Orangetxguy]

I am a 53 year old female solo long haul trucker who was finally getting a decent income. I worked for Werner Enterprises as a company driver- all 48 and I was enjoying my life for the first time in years. I was under a Just-in-Time load heading for Texas and my driving hours were nearly gone. I stopped at the TA in Montgomery, AL for safe haven and rest as I have done a million times all across the country. I drove through the lot and found no regular parking so I improvised once again as I have done a million times all across our great country. I pulled in behind another truck alongside the scale and went right to sleep. A couple of hours later I was awakened by a security guard who told me that I had to leave. I explained that I had no legal hours to drive. He asked me if I was retarded. He told me to drive down the road. I attempted to call my fleet manager and to raise someone on the qual com to no avail. I knew that if I left and had an accident that resulted in a fatality that I would go to prison and my company would face a lawsuit. I chose to do the right thing and not drive tired. The night manager of the TA came out and said that because I drove for Werner and because I was female that I was not welcome there and I had to leave. At that time a regular parking spot opened up behind me and I put the truck into it and went back to sleep. A while later I was again awakened this time by the police and I was arrested and taken to the city jail. Even though the prosecutor, the judge, and every police officer that I had contact with said that it was ridiculous and that I should not have been arrested, I now have a misdemeanor (criminal trespass 3), I was suspended for 5 weeks with no pay, and fired on Christmas Eve by Werner. I have been rehired by my former employer of 8 years but that is not what I want to be doing. I have a spotless motor vehicle record and had a spotless criminal record. I feel so wronged because I used to stand up for Werner against the complainers. I gave Werner a second chance when they left me stranded 200 miles from my home after a bad experience with a trainer. I have no safety or customer issues. I am clean, don't drink, don't smoke, don't do drugs, or engage in any other risky behavior. I am discouraged and am looking for advice and legal help to get this off my record.

If everything is as you have described it here, you need to get an attorney involved. Yes...it's going to cost you...but if you can prove that the TA manager actually said you had to leave the lot because you are a woman, then you let a lawyer handle it.

Why have you waited so long to take action??

Why you stopped at Montomery TA is a puzzle. If you were coming from the south, The Flying J 15 miles south of Montgomery at Tyson (exit 158) and the other truck stop ( I forget its name)(exit 164) both have 3 times the parking space that TA has, plus they are cleaner and safer.
If you had been coming down from Atlanta.. the Petro at exit 22 on I-85 has limited parking, but the Casino has an extra large truck parking area. You just need to ride the shuttle van to get to the building for eating and a shower. Only the bravest of heart, stop at that POC TA.

[zipy46]

Same scenario occurred to me...long story short....cops became involved...

Officer said I was in my rights to file a complaint

against the reciever for putting me in such a position as to drive with out hours...

..if I had of I was sure I would loose my job....I felt no body would back me up so I forgot it..

cop said just go right down the street to the dirt lot and park there...they understood my delima.

Guess no one really wanted to do alot of paperwork at 4 a.m.

[BIG JEEP on 44's]

I've been to thisT/A and the F-J just south on 65 ...The T/A is not a large well organized lot,and b/c of this any curb side parking causes issues ,But inorder to have po'd the staff to immediately call the police is usually only accomplished if you're rude ,and to have them ban you from the lot and push for trespassing even after a slot opened up is hard to immagine ...And for an officer to take you to jail I just feel something must have occoured ...I also don't beleive your problems had much to do with you being with Werner or a Female ...I could be wrong ,As I was not there ,But I've been in that same T/A and many T/S and asked to move and I've even had cops called for curbside parking at a pilot ,but never came close to going to jail infact I just chatted with the officer about my paperless logs ,and ws told to grab a spot when 1 opens .

[cdswans]

. . so I improvised once again . .

I chose to do the right thing and not drive tired.

I am discouraged and am looking for advice and legal help to get this off my record.

Solo (should be solong, for now) . .

Here's my advice . . get it out of your head that you chose to do the right thing. The TA, it's agents, the cops, the judge, Werner and I don't agree with you.

As for your record, contact this guy . . he's amazing! The return letter from the judge



Those who find solo's story . . intriguing . . may also enjoy this one:

Rip-off Report: Swift Transportation BEWARE OF SWIFT AND THEIR ROADSIDE ASSISTANCE THEY WILL GET YOU ARRESTED Pheonix Arizona

[dobry4u]

I am a 53 year old female solo long haul trucker who was finally getting a decent income. I worked for Werner Enterprises as a company driver- all 48 and I was enjoying my life for the first time in years. I was under a Just-in-Time load heading for Texas and my driving hours were nearly gone. I stopped at the TA in Montgomery, AL for safe haven and rest as I have done a million times all across the country. I drove through the lot and found no regular parking so I improvised once again as I have done a million times all across our great country. I pulled in behind another truck alongside the scale and went right to sleep. A couple of hours later I was awakened by a security guard who told me that I had to leave. I explained that I had no legal hours to drive. He asked me if I was retarded. He told me to drive down the road. I attempted to call my fleet manager and to raise someone on the qual com to no avail. I knew that if I left and had an accident that resulted in a fatality that I would go to prison and my company would face a lawsuit. I chose to do the right thing and not drive tired. The night manager of the TA came out and said that because I drove for Werner and because I was female that I was not welcome there and I had to leave. At that time a regular parking spot opened up behind me and I put the truck into it and went back to sleep. A while later I was again awakened this time by the police and I was arrested and taken to the city jail. Even though the prosecutor, the judge, and every police officer that I had contact with said that it was ridiculous and that I should not have been arrested, I now have a misdemeanor (criminal trespass 3), I was suspended for 5 weeks with no pay, and fired on Christmas Eve by Werner. I have been rehired by my former employer of 8 years but that is not what I want to be doing. I have a spotless motor vehicle record and had a spotless criminal record. I feel so wronged because I used to stand up for Werner against the complainers. I gave Werner a second chance when they left me stranded 200 miles from my home after a bad experience with a trainer. I have no safety or customer issues. I am clean, don't drink, don't smoke, don't do drugs, or engage in any other risky behavior. I am discouraged and am looking for advice and legal help to get this off my record.

Thanks for the info.... I see making your own parking spots isn't a very good idea.

[Rev.Vassago]

Thanks for the info.... I see making your own parking spots isn't a very good idea.

Not only is it not a good idea, but if someone were to hit you, you would have little to no recourse, since you were illegally parked.

When push comes to shove though, it doesn't matter if you have no hours to drive. If the owner of some private property (which a truckstop is) wants you off their land, then you have to get off their land, or face a trespassing charge.

Even without any legal hours to drive, you can go 14 minutes and 59 seconds away without having to interrupt your break.

The judge obviously didn't think it was very ridiculous, since you now have a misdemeanor that he found you guilty of. This story is so full of holes it isn't even funny.

[harleypiper]

As far as the 6.50/hr security guard telling you because your a woman, thats going to be a burden of proof on you. He is simply going to say he didn't say it.. But to get arrested for a criminal trust pass, most states state you have to be given a warning by a law official, not just the property owner, because it goes back to he said she said. Police make an official report of telling you to leave, then if you refuse at that point, bang zoom! If the police said you shouldn't have been arrested then why the #&ck were you arrested?? Now you have a civil complaint against the po po for unlawful prosecution. I'm sure any civil or criminal lawyer will listen to you without charging you, especially the civil, if he sees a civil rights violation, it's a paycheck for him as well. Don't ask for legal advice on this site, everyone is a lawyer, GO TALK TO A LAWYER!

[dobry4u]

Not only is it not a good idea, but if someone were to hit you, you would have little to no recourse, since you were illegally parked.

When push comes to shove though, it doesn't matter if you have no hours to drive. If the owner of some private property (which a truckstop is) wants you off their land, then you have to get off their land, or face a trespassing charge.

Even without any legal hours to drive, you can go 14 minutes and 59 seconds away without having to interrupt your break.

The judge obviously didn't think it was very ridiculous, since you now have a misdemeanor that he found you guilty of. This story is so full of holes it isn't even funny.

But, Rev! I haven't a misdemeanor. My records is as clean as a newborn baby's bottom (where is the angel smiley?)

I am thinking as well, that possibly, maybe, perhaps would explain, that there was a lot more to the confrontation than what was represented in the driver's post.

..... just saying

[Musicman]

Why you stopped at Montomery TA is a puzzle.

OMG, why ANYONE not looking to buy narcotics or use the services of a lot lizard would stop there is a puzzle. That place is almost as bad as the now closed TA in Conley, GA.

[Rev.Vassago]

I am thinking as well, that possibly, maybe, perhaps would explain, that there was a lot more to the confrontation than what was represented in the driver's post.

Now what on earth would give you that idea?

[BIG JEEP on 44's]

But, Rev! I haven't a misdemeanor. My records is as clean as a newborn baby's bottom (where is the angel smiley?)

I am thinking as well, that possibly, maybe, perhaps would explain, that there was a lot more to the confrontation than what was represented in the driver's post.

..... just saying

A newborn baby's bottom is pretty dirty at birth.

[cdswans]

Thanks for the info.... I see making your own parking spots isn't a very good idea.

My experience has been that, after a couple of spins around the lot and there are no marked spaces available, I get a pretty good sense of if and where I can create a spot without blocking anyone. I must have been reasonably successful because I've done it a few times and noone has ever come along and tried to throw me out. However, if they had, I wouldn't argue. I might try to reason but if that wasn't working, I'd move along. My HOS doesn't trump a landowners private property rights.

Solong hasn't responded here but in a PM to me she asked why I thought she was wrong (and padded it with "to not risk the lives and limbs of all walking lifeforms, especially nuns, manatees, and orphaned children"). She repeated to me what has already been stated here; that "everyone" agreed she had been railroaded every step of the way. Here's your answer, Dear . . the TA tried to throw you out, the cops arrested you, the judge found you guilty and Werner fired you. It doesn't sound to me like anyone agreed with you, period.

Rev . . with all due respect, if I managed to park atop the fuel island canopy and someone still came along and hit me, it wouldn't be my fault. You can't just go banging into trucks because they happened to be out of place.

[Rev.Vassago]

Rev . . with all due respect, if I managed to park atop the fuel island canopy and someone still came along and hit me, it wouldn't be my fault. You can't just go banging into trucks because they happened to be out of place.

Good luck with that. I've heard of far too many drivers (some here on this very message board) who have had issues with insurance companies, simply because they were illegally parked, or not parked in a designated spot.

[Jumbo]

Manatees are not a "walking lifeform". If she were to hit one of those she should check her map, And the propeller on her truck.

[jonp]

1) The person that posted the Swift thing? I read it and don't believe any of it. One of the reasons is its too far from any type of reality to be taken seriously and another is that the person writing it changes gender back and forth.

2) Out of hours and told to move? Here is what you do: Wait for a police officer to arrive and order you to leave. Be nice and respectful of him/her. Ask him/her for their card with the officers name and badge number or failing that get the officers name and badge number and put it in the remarks section of your log. You can now move the vehicle to a safe place under a lawful order of a police officer whether you have hours or not. You must go directly to the first place you can without sidetracking somewhere or the place the police officer sends you. This is the same type of movement that you would make if an officer places you out of service on the side of the road or at a scale and tells you to go to the xyz truckstop at the next exit and park it.

[jonp]

By the way - that T/A in Montgomery is a hole and I won't go in there. The advice about the Hook down the road is good advice.

[dobry4u]

1) The person that posted the Swift thing? I read it and don't believe any of it. One of the reasons is its too far from any type of reality to be taken seriously and another is that the person writing it changes gender back and forth.

2) Out of hours and told to move? Here is what you do: Wait for a police officer to arrive and order you to leave. Be nice and respectful of him/her. Ask him/her for their card with the officers name and badge number or failing that get the officers name and badge number and put it in the remarks section of your log. You can now move the vehicle to a safe place under a lawful order of a police officer whether you have hours or not. You must go directly to the first place you can without sidetracking somewhere or the place the police officer sends you. This is the same type of movement that you would make if an officer places you out of service on the side of the road or at a scale and tells you to go to the xyz truckstop at the next exit and park it.

I think you are referring to my post about my going to Swift academy and time with my mentor. LOL. I didn't write fiction and have never changed my gender. Please quote the information that you found unbelievable. I'll be more than happy to support anything I wrote.

In the future, you are probably better off commenting on the thread you were trying to claim as false instead of bringing it up, off topic, in another thread. .... just saying

[Colts Fan]

Good luck with that. I've heard of far too many drivers (some here on this very message board) who have had issues with insurance companies, simply because they were illegally parked, or not parked in a designated spot.

In the insurance world the driver of the vehicle that backs into a parked vehicle is the legal "proximate cause" of the accident. Depending on which state you are in the claims are handled differently. Most states are comparative negligence states meaning it can be determined that both sides can share a % of fault. However the driver that performs the action of backing into a stopped vehicle and is determined the proximate cause 99 times out of 100 will be found majority negligent and will be responsible for paying his part depending on the % negligence.

[got mud?]

As far as the 6.50/hr security guard telling you because your a woman, thats going to be a burden of proof on you. He is simply going to say he didn't say it.. But to get arrested for a criminal trust pass, most states state you have to be given a warning by a law official, not just the property owner, because it goes back to he said she said. Police make an official report of telling you to leave, then if you refuse at that point, bang zoom! If the police said you shouldn't have been arrested then why the #&ck were you arrested?? Now you have a civil complaint against the po po for unlawful prosecution. I'm sure any civil or criminal lawyer will listen to you without charging you, especially the civil, if he sees a civil rights violation, it's a paycheck for him as well. Don't ask for legal advice on this site, everyone is a lawyer, GO TALK TO A LAWYER!

actually you can't bring a civil complaint against the po po for unlawful prosecution. the po po don't prosecute anyone. the DA or a prosecutor do.