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Useless · Joined: 08 Oct 2005 Posts: 3177 Location: Canyon Lake, Tx.

Rev.Vassago wrote:

But, as I asked before, and was ignored by Dawn - what is your point?

There is no point, Reverend!!... just more ramblings from a self-styled "expert"!!

Nothing he says supports your arguement.

Why should that surprise you?? There is no such thing as the "Texas Highway Patrol"!!

The whole "letter" from "Sr. Trooper" Dial was fabricated by "Dawn".

If you are going to sit around waiting for "Dawn" to make some kind of valid point, you'd be better off sitting around awaiting The Second Coming of Christ!! (The Second Coming is likely to come far sooner!!)

I have still not figured out how posers like this guy "Dawn" and this other poser ""Myth Buster" have somehow concluded that we are all sitting in such dire need of their unsolicited, flawed, and imaginary "expertise"!!

yoopr · Joined: 01 Dec 2004 Posts: 12865

Anybody care to find me a "Beating a Dead Horse" Icon? :P

Jackrabbit379 · Joined: 22 Oct 2005 Posts: 4760 Location: Wichita Falls,Tx

Yeah,Rev,I just searched him,and the Ol'blue,USA site came up. I reckon,its legit,but that is the first time that I have seen,"Texas Highway Patrol." Must be a new division. Maybe it replaced,Texas Department of Public Safety. :|

greg3564 · Joined: 30 Aug 2006 Posts: 1268 Location: Leander, TX

The bottom line is this: If you falsified your log, you can be cited for that offense. HOWEVER, if the accident caused death you still can only be cited for a log violation. The log citation in NO WAY would lead to a murder charge. A murder charge would be the result of willful and negligent actions.

It's not like a DPS trooper is going to sit there and think "A trucker killed someone and I'm going to let him go. Wait a minute there's a log violation! Holy sh*t now I'm going to arrest him for murder!" :roll:

Now would log violations be prosecuted and used as evidence should a driver have an at fault fatal accident? Yes, just like they would use any past tickets, accidents, etc. as evidence too. But log violations don't automatically equal murder charges.

Dawn, Don, Tom, whatever...can you please offer your opinion when asked instead of randomly posting your "expertise" at will.

madii'swife · Joined: 02 Nov 2006 Posts: 577 Location: Stillwater, OK

Jackrabbit379 wrote: Yeah,Rev,I just searched him,and the Ol'blue,USA site came up. I reckon,its legit,but that is the first time that I have seen,"Texas Highway Patrol." Must be a new division. Maybe it replaced,Texas Department of Public Safety. :|

Before now I've been following this thread out of sheer amusement value and not much else. However, we have always referred to state troopers as "highway patrol". That's what their offices are called in Oklahome, and I guess coming from there we just assumed. Isn't that what the cars say on them down here too? Texas Highway Patrol? I guess maybe not :oops: though you'd never have proved it by me :)

Jackrabbit379 · Joined: 22 Oct 2005 Posts: 4760 Location: Wichita Falls,Tx

Well,on the doors of the patrol cars,it has the outline of the state,along with Texas Department Puplic Safety. On the bottom of the door,it will have either,License & Weight,Safety Education,or Highway Patrol,but Ive never seen Texas Highway Patrol as the main logo. They may have some new logos,who knows.

kc0iv · Joined: 03 Feb 2005 Posts: 1113 Location: Kansas City, MO

Jackrabbit379 wrote: Well,on the doors of the patrol cars,it has the outline of the state,along with Texas Department Puplic Safety. On the bottom of the door,it will have either,License & Weight,Safety Education,or Highway Patrol,but Ive never seen Texas Highway Patrol as the main logo. They may have some new logos,who knows.

Try

http://www.txdps.state.tx.us/tle/index.htm

kc0iv

Rev.Vassago · Posted: Tue Nov 21, 2006 8:27 am Post subject:

greg3564 wrote: The bottom line is this: If you falsified your log, you can be cited for that offense. HOWEVER, if the accident caused death you still can only be cited for a log violation. The log citation in NO WAY would lead to a murder charge. A murder charge would be the result of willful and negligent actions.

It's not like a DPS trooper is going to sit there and think "A trucker killed someone and I'm going to let him go. Wait a minute there's a log violation! Holy sh*t now I'm going to arrest him for murder!" :roll:

Now would log violations be prosecuted and used as evidence should a driver have an at fault fatal accident? Yes, just like they would use any past tickets, accidents, etc. as evidence too. But log violations don't automatically equal murder charges.

Which has been my point all along, and yet Dawn just can't seem to get it.

shyykatt · Joined: 06 Aug 2006 Posts: 2097 Location: MN

do-do-do.....

.....really gettin' full off all this popcorn :D :lol:

ben45750 · Joined: 23 Apr 2005 Posts: 1759

Useless wrote:
Why should that surprise you?? There is no such thing as the "Texas Highway Patrol"!!

Jackrabbit379 wrote: Yeah,Rev,I just searched him,and the Ol'blue,USA site came up. I reckon,its legit,but that is the first time that I have seen,"Texas Highway Patrol." Must be a new division. Maybe it replaced,Texas Department of Public Safety. :|

http://www.olblueusa.org/AskTheLaw/index.html

:roll:

Dawn · Joined: 31 Oct 2006 Posts: 323 Location: Indianapolis, In

The bottom line is this: If you falsified your log, you can be cited for that offense. HOWEVER, if the accident caused death you still can only be cited for a log violation. The log citation in NO WAY would lead to a murder charge. A murder charge would be the result of willful and negligent actions.

It's not like a DPS trooper is going to sit there and think "A trucker killed someone and I'm going to let him go. Wait a minute there's a log violation! Holy sh*t now I'm going to arrest him for murder!"

Now would log violations be prosecuted and used as evidence should a driver have an at fault fatal accident? Yes, just like they would use any past tickets, accidents, etc. as evidence too. But log violations don't automatically equal murder charges.

395.8 Driver's record of duty status.

(e) Failure to complete the record of duty activities of this section or �395.15, failure to preserve a record of such duty activities, or making of false reports in connection with such duty activities shall make the driver and/or the carrier liable to PROSECUTION. Yes I made that in all caps!

B-2. What are the penalties for violating the HOS rules?
Drivers or carriers who violate the HOS rules face serious penalties:

Drivers may be placed out-of-service (shut down) at roadside until the driver has accumulated enough off-duty time to be back in compliance;
State and local enforcement officials may assess fines;
FMCSA may levy civil penalties on driver or carrier, ranging from $1,000 to $11,000 per violation depending on severity;
The carrier's safety rating can be downgraded for a pattern of violations; and
Federal criminal penalties (can you read that?) can be brought against carriers who knowingly and willfully allow or require HOS violations, or drivers who knowingly and willfully violate the HOS regulations.

Nope you can't be charged with Criminal penalties :lol:

Rev.Vassago · Posted: Wed Nov 22, 2006 7:44 pm Post subject:

Dawn wrote: B-2. What are the penalties for violating the HOS rules?
Drivers or carriers who violate the HOS rules face serious penalties:

Drivers may be placed out-of-service (shut down) at roadside until the driver has accumulated enough off-duty time to be back in compliance;
State and local enforcement officials may assess fines;
FMCSA may levy civil penalties on driver or carrier, ranging from $1,000 to $11,000 per violation depending on severity;
The carrier's safety rating can be downgraded for a pattern of violations; and
Federal criminal penalties (can you read that?) can be brought against carriers who knowingly and willfully allow or require HOS violations, or drivers who knowingly and willfully violate the HOS regulations.

Please cite a link for this, as this wording appears NOWHERE in �395.8, nor does it appear in the interpretation for �395.8.

Dawn · Joined: 31 Oct 2006 Posts: 323 Location: Indianapolis, In

Rev.Vassago wrote: Dawn wrote: B-2. What are the penalties for violating the HOS rules?
Drivers or carriers who violate the HOS rules face serious penalties:

Drivers may be placed out-of-service (shut down) at roadside until the driver has accumulated enough off-duty time to be back in compliance;
State and local enforcement officials may assess fines;
FMCSA may levy civil penalties on driver or carrier, ranging from $1,000 to $11,000 per violation depending on severity;
The carrier's safety rating can be downgraded for a pattern of violations; and
Federal criminal penalties (can you read that?) can be brought against carriers who knowingly and willfully allow or require HOS violations, or drivers who knowingly and willfully violate the HOS regulations.

Please cite a link for this, as this wording appears NOWHERE in �395.8, nor does it appear in the interpretation for �395.8.

Go to this website:
http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/hos-faqs.asp

Read General Provisions: B

greg3564 · Joined: 30 Aug 2006 Posts: 1268 Location: Leander, TX

Dawn wrote: The bottom line is this: If you falsified your log, you can be cited for that offense. HOWEVER, if the accident caused death you still can only be cited for a log violation. The log citation in NO WAY would lead to a murder charge. A murder charge would be the result of willful and negligent actions.

It's not like a DPS trooper is going to sit there and think "A trucker killed someone and I'm going to let him go. Wait a minute there's a log violation! Holy sh*t now I'm going to arrest him for murder!"

Now would log violations be prosecuted and used as evidence should a driver have an at fault fatal accident? Yes, just like they would use any past tickets, accidents, etc. as evidence too. But log violations don't automatically equal murder charges.

395.8 Driver's record of duty status.

(e) Failure to complete the record of duty activities of this section or �395.15, failure to preserve a record of such duty activities, or making of false reports in connection with such duty activities shall make the driver and/or the carrier liable to PROSECUTION. Yes I made that in all caps!

B-2. What are the penalties for violating the HOS rules?
Drivers or carriers who violate the HOS rules face serious penalties:

Drivers may be placed out-of-service (shut down) at roadside until the driver has accumulated enough off-duty time to be back in compliance;
State and local enforcement officials may assess fines;
FMCSA may levy civil penalties on driver or carrier, ranging from $1,000 to $11,000 per violation depending on severity;
The carrier's safety rating can be downgraded for a pattern of violations; and
Federal criminal penalties (can you read that?) can be brought against carriers who knowingly and willfully allow or require HOS violations, or drivers who knowingly and willfully violate the HOS regulations.

Nope you can't be charged with Criminal penalties :lol:

I said you could be cited. However you have made previous statements that murder charges could be brought against a driver for log violations. Where is that information in your post?

Rev.Vassago · Posted: Wed Nov 22, 2006 8:32 pm Post subject:

greg3564 wrote: I said you could be cited. However you have made previous statements that murder charges could be brought against a driver for log violations. Where is that information in your post?

I also admitted that I was wrong about the criminal charges being brought against a driver for a logbook violation, when Dawn posted information about a case where it happened. But Greg is correct - the logbook violation is not going to result in a murder charge - the fact that the driver killed someone will result in the murder charge.

Dawn's claim is the same as claiming that someone who runs someone over in the middle of the street, and they find out the person was speeding. The fact that they were speeding does not make or break the murder charge, just as the logbook violation does not make or break the vehicular homicide case.

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