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

I don't disagree what a prosecutor might do. But the discussion at hand involves just one case. As I showed above the driver was charged with five counts of reckless homicide, a Class C felony, and four counts of criminal recklessness resulting in serious bodily injury, also a Class C felony."

No where in any of the many articles has it said he was charged with a logbook violation. All the articles have said he had driven longer than was allowed. Dawn added this information without any supporting documents. When in fact the driver returned home and was arrested several days later and returned to Indianapolis. She then went on what I would call a rage about logbook violation.

Only time will tell if he is found guilty of these charges.

I think all driver knows what can happen when they violated the law.

kc0iv

Malaki86 · Joined: 28 Aug 2004 Posts: 2080 Location: West Virginia

Does this discussion mean that if I'm driving 100% legal in my logbook, that if I decide to turn the wheel, cross the median and run over a church bus full of kids, that I won't be convicted of manslaughter or murder?

yoopr · Joined: 01 Dec 2004 Posts: 12866

I don't know how to spell it but maybe somebody can help me spell Oiy Veh :P

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

Malaki86 wrote: Does this discussion mean that if I'm driving 100% legal in my logbook, that if I decide to turn the wheel, cross the median and run over a church bus full of kids, that I won't be convicted of manslaughter or murder?

According to Dawn, no. :D

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

greg3564 wrote: Malaki86 wrote: Does this discussion mean that if I'm driving 100% legal in my logbook, that if I decide to turn the wheel, cross the median and run over a church bus full of kids, that I won't be convicted of manslaughter or murder?

According to Dawn, no. :D

No according to Dawn: She said if you are in an accident and it causes Death you could be held accountable for your logs alone and spend time in prison! (short version there)
2) if it causes injury you could be held accountable and be sued and all the legal crap

All I can say is I know what I said is true! :D DOT does not give you stories in the book!
Rev and several others took everything I said and twisted the words and that is how it has gotten out of control!

So if you cause an accident and it is your fault then yeah you are guilty right! But if you think ok not my fault I am clear, well behind the scences (immediately after the accident) the lawyers are asking all the questions of log book, equipment etc! So I know the real world, you live by whats in the book that is fine! I know I don't have to worry about false logs in my book, cause I give false logs, I don't get them! :lol:

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

Dawn wrote: I know I don't have to worry about false logs in my book, cause I give false logs, I don't get them! :lol:

:?:

Rev.Vassago · Posted: Sun Nov 26, 2006 10:54 pm Post subject:

Dawn wrote: All I can say is I know what I said is true! :D DOT does not give you stories in the book!

Oh really? Then what is this, taken straight from the FMCSA rules:

Quote: �395.8 Driver's record of duty status.

The following executed specimen grid illustrates how a driver's duty status should be recorded for a trip from Richmond, Virginia, to Newark, New Jersey. The grid reflects the midnight to midnight 24 hour period.

FIGURE 3. - GRAPH GRID FILLED IN(midnight to midnight operation)

The driver in this instance reported for duty at the motor carrier's terminal. The driver reported for work at 6 a.m., helped load, checked with dispatch, made a pretrip inspection, and performed other duties until 7:30 a.m. when the driver began driving. At 9 a.m. the driver had a minor accident in Fredericksburg, Virginia, and spent one half hour handling details with the local police. The driver arrived at the company's Baltimore, Maryland, terminal at noon and went to lunch while minor repairs were made to the tractor. At 1 p.m. the driver resumed the trip and made a delivery in Philadelphia, Pennsylvania, between 3 p.m. and 3:30 p.m. at which time the driver started driving again. Upon arrival at Cherry Hill, New Jersey, at 4 p.m., the driver entered the sleeper berth for a rest break until 5:45 p.m. at which time the driver resumed driving again. At 7 p.m. the driver arrived at the company's terminal in Newark, New Jersey. Between 7 p.m. and 8 p.m. the driver prepared the required paperwork including completing the driver's record of duty status, driver vehicle inspection report, insurance report for the Fredericksburg, Virginia accident, checked for the next day's dispatch, etc. At 8 p.m., the driver went off duty.

Dawn wrote: Rev and several others took everything I said and twisted the words and that is how it has gotten out of control!

You sure like to point fingers and make yourself out to be innocent. :roll:

Dawn wrote: I know I don't have to worry about false logs in my book, cause I give false logs, I don't get them! :lol:

That is the most accurate statement I have seen you post yet.

yoopr · Joined: 01 Dec 2004 Posts: 12866

Cease fire

Jackrabbit379 · Joined: 22 Oct 2005 Posts: 4741 Location: Wichita Falls,Tx

yoopr wrote: Cease fire

Bugler? Sound of Recall! :P

Malaki86 · Joined: 28 Aug 2004 Posts: 2080 Location: West Virginia

Quote: 2) if it causes injury you could be held accountable and be sued and all the legal crap

All I can say is I know what I said is true! DOT does not give you stories in the book!
Rev and several others took everything I said and twisted the words and that is how it has gotten out of control!

So if you cause an accident and it is your fault then yeah you are guilty right! But if you think ok not my fault I am clear, well behind the scences (immediately after the accident) the lawyers are asking all the questions of log book, equipment etc! So I know the real world, you live by whats in the book that is fine! I know I don't have to worry about false logs in my book, cause I give false logs, I don't get them!

No - I said iif I was 100% legal, such as just came off of a 34hr restart, drove 10miles in 15 minutes on the interstate and just didn't like the yellow tone of the bus on the other side of the highway.

So, in other words, other than the fact that I simply 'snapped' and killed a bunch of people, since my log book is legal, does that mean I'd get off scott free?

And a twist - say I'm 2hrs off on my log book but while driving down the road, someone who's spent the last 5hrs sitting in a bar and is obviously hammered gets in his car heads down the highway and passes out at the wheel. After he blacks out, he cuts through the median and hits my truck and he dies in the accident.

Sure, they'll get me for a log violation, but will I be charged for manslaughter? NO - because the other driver CAUSED the accident. Sure, it'd cost me in the long run, but I wouldn't be charged for killing someone.

BTW - just so everyone knows, and am definitely someone who drives by the book - no speeding, no 'cheating', etc, so you don't have to worry when you see me coming down the road on the opposite side of the highway. :D

Useless · Joined: 08 Oct 2005 Posts: 3176 Location: Canyon Lake, Tx.

Dawn,

Give it up!!

There are two problems with what you are doing here.

First, your asinine and incorrect statements about the burden of proof being on the driver rather that the LEO were not only wrong, they showed all of us that you don't know what you are talking about. Your refusal to acknowledge your error, combined with your stubborn "trust me" mentality, shows you to be a fool.

I don't really care about how long you've been a log book manager. The world certainly isn't short for incompetent bureaucrats. Like so many other paper shufflers, just because you have been doing something a long time does not necessarily mean that you do it well!!I do not always agree with the Rev., but one fact that can not be disputed is that he is a successful owner operator, and you are not!!

I'm not an O/O, and never have been. I do know that in order to be a successful O/O, the margin for error is very, very slim. He didn't get where he is today by not knowing what he's doing or by being wrong too many times!!

Time and again, he calls you on one of your errors that you hold out as the Gospel, and you dance around the fundamental framework of the particular areas where he is taking issue with you. Take your post about the (supposed) response that you received from the "Texas Highway Patrol"; nowhere in his response did he say that being in violation of H.O.S. would result in being charged with murder or manslaughter, and when The Rev. pointed that out, you never did address his particular point of contention. Instead, you simply insisted that you were right, and he was wrong.

As I stated before, and I will state again; The similarities between your writing style and those of this "Texas Highway Patrolman", along with the commonly shared incorrect spelling habits, glaring similarities in your poor and improperly structured sentences, and similar errors in grammar, lead me to question the source of his supposed replies.

Now, as I said, The Rev. and I often disagree, but we do it without being disagreeable. Quite honestly though, I'd bank my dollars and my trust upon The Rev. long before I'd drop a dime on you!!

There is another problematic aspect to your presence here at CAD, and it has less to do with who is right, and much more to do with your holier than thou "Trust me, I know more than you or anyone else here" demeanor. You came here to CAD, and rather than having the courtesy to join in on discussions, and making an little effort to get to know something about the experienced drivers here while offering them a chance get to know you, you just barged in and started taking over.

Look at how many threads you have initiated in the short time you have been here, answering questions (often incorrectly!!) that no one ever even asked, and dispensing advice that no one solicited!! It appears that the mod's deleted some of the redundant threads that you have initiated, but it is clear that rather than wanting to become part of a discussion, you somehow feel compelled to take over.

As I stated yesterday in one of your threads that was deleted, (the thread where you were whining about feeling unwelcome) if I didn't know any better, I would think that the "Rules, Regs, and DAC" Forum had turned into "The Dawn Forum".

It is little wonder why your "advice" is so unwelcome here!!

yoopr · Joined: 01 Dec 2004 Posts: 12866

It appears that the mod's deleted some of the redundant threads that you have initiated

And I didn't do it so don't yell at me :P

Rev.Vassago · Posted: Mon Nov 27, 2006 7:25 pm Post subject:

yoopr wrote: It appears that the mod's deleted some of the redundant threads that you have initiated

And I didn't do it so don't yell at me :P

Darn - I was just gonna blame you. :sad:

mike3fan · Joined: 04 Aug 2006 Posts: 1701 Location: michigan

I check in every day just to see the Rev's new sig pick!

Rev.Vassago · Posted: Mon Nov 27, 2006 8:05 pm Post subject:

mike3fan wrote: I check in every day just to see the Rev's new sig pick!

Oh jeez - put pressure on me, why don't you? :lol:

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