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treehouse
Joined: 19 Mar 2006
Posts: 21
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| Posted: Fri Apr 25, 2008 10:56 am Post subject: Careless driving in MN |
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| I received a ticket for carless driving around St Paul last month. Ticket set a court date no fine on ticket. I wanted to try and work a deal to get city prosecutor to drop charges or what lawyers call a continuance for dismissal. He said show up for court. I thought I could work somthing out with him by phone or mail. A lawyer up there said for $800 he could get charges dismissed or give my money back. I really don't want to spend 800 bucks. I thought about just going to another state and transferring my cdl. Also ticket has a box where your sign saying your received ticket but i never signed mine could i get off on this? |
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thebaldeagle655
Joined: 27 Dec 2006
Posts: 278
Location: Wichita Falls, Tx
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| Posted: Fri Apr 25, 2008 11:07 am Post subject: |
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Not gonna bash you for the careless driving, there will be plenty others do it :) Going to another state and transferring your CDL will do nothing for you. MVR's transfer with the license, we are a computer age now and what you could get away with 10 years ago by moving to another state is in the past. Your record WILL follow you. If you don't want to spend the $800, you better find a job flipping burgers because most any company you apply for is going to do a record check, find the conviction and their insurance company is going to reject you due to the careless driving conviction. In Texas they call the "continuance for dismissal" Deferred Adjudication, sorry, not eligible for that with a CDL, federal law, not state law.
Basically you have screwed yourself into a corner. That's the reason a "professional" driver must watch the way he/she conducts themselves at all times, in a commercial vehicle or you POV. |
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Uturn2001
Joined: 10 Jan 2005
Posts: 4623
Location: East Central IL between the corn and the beans
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| Posted: Fri Apr 25, 2008 11:25 am Post subject: |
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IMHO you need to do what you need to do to protect your CDL. A careless driving conviction is a VERY big deal for a CDL holder. It is considered a serious offense and two serious offense conviction within 3 years will get you a 2 month vacation and then you will not only have 2 serious offenses to deal with on your record but a license suspension as well.
As stated before transferring your license to another state will do nothing. |
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BigDiesel
Joined: 01 Apr 2007
Posts: 923
Location: Space... The Final Frontier
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| Posted: Fri Apr 25, 2008 12:22 pm Post subject: Re: Careless driving in MN |
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treehouse wrote: I received a ticket for carless driving around St Paul last month. Ticket set a court date no fine on ticket. I wanted to try and work a deal to get city prosecutor to drop charges or what lawyers call a continuance for dismissal. He said show up for court. I thought I could work somthing out with him by phone or mail. A lawyer up there said for $800 he could get charges dismissed or give my money back. I really don't want to spend 800 bucks. I thought about just going to another state and transferring my cdl. Also ticket has a box where your sign saying your received ticket but i never signed mine could i get off on this?
Accept responsibility for your CARELESS actions, and find a job that does not entail driving a CMV. No place in this industry for drivers like you.... |
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treehouse
Joined: 19 Mar 2006
Posts: 21
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| Posted: Fri Apr 25, 2008 12:34 pm Post subject: |
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| Thanks Duane er I mean super trucker. |
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flood
Joined: 16 Jan 2007
Posts: 557
Location: tennesse
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| Posted: Fri Apr 25, 2008 1:11 pm Post subject: Re: Careless driving in MN |
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treehouse wrote: I thought about just going to another state and transferring my cdl. the only thing you can TRY is the lawyer.. if it get's on your record moving from state to state will not help... you have a CDL so you can't just move states and lose your driving record.
Quote: ticket has a box where your sign saying your received ticket but i never signed mine could i get off on this? NO you don't have to sign it saying you got it just ask some drivers that had a ticket MIALED to then |
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CrazyTulip
Joined: 08 Sep 2007
Posts: 180
Location: Central Florida
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| Posted: Fri Apr 25, 2008 1:36 pm Post subject: |
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| Get a lawyer and try to get this off your CDL; it's the best thing to do! BOL to ya. |
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Pony Express
Joined: 29 Oct 2007
Posts: 63
Location: Atlanta, GA
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| Posted: Fri Apr 25, 2008 5:14 pm Post subject: |
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| Like everyone said, get a lawyer! You really don't want this to follow you for the next 3 yrs, it will make life difficult. |
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marylandkw
Joined: 06 Sep 2005
Posts: 474
Location: Maryland
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| Posted: Fri Apr 25, 2008 6:24 pm Post subject: Re: Careless driving in MN |
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treehouse wrote: Also ticket has a box where your sign saying your received ticket but i never signed mine could i get off on this? During my tenure as a State Trooper, I rarely if ever had a defendant sign a Traffic Citation or Summons. I would simply write "possession of a valid DL" Had many a skilled attorney dispute it in court, and never had one overturned. By simply appearing in court you are admitting to receiving your summons.
Pay the $800 and count your lucky stars if it actually works. Otherwise prepare for several years of not driving.
p.s. Drive more careful now :D |
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DIESEL BEAST
Joined: 12 Oct 2007
Posts: 54
Location: Maryland
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| Posted: Sat Apr 26, 2008 2:17 am Post subject: |
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| i would like to know what you did that was considered careless. |
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DaveFromColorado
Joined: 23 Feb 2008
Posts: 75
Location: Chaska, MN
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| Posted: Sat Apr 26, 2008 2:44 am Post subject: |
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MN Careless Driving is an "attitude ticket" ... if the cop doesn't like you, he can say that ANY illegal action on the road (speeding, changing lanes without signaling, etc) is "careless driving" ... that's what makes that ticket such BS ...
Quote: 169.13 Subd. 2. Careless driving. Any person who operates or halts any vehicle upon any street or highway carelessly or heedlessly in disregard of the rights of others, or in a manner that endangers or is likely to endanger any property or any person, including the driver or passengers of the vehicle, is guilty of a misdemeanor.
The ONLY thing you can do is get the attorney as everyone said, and HOPE that it works in your favor.
--Dave. |
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treehouse
Joined: 19 Mar 2006
Posts: 21
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| Posted: Sat Apr 26, 2008 9:40 am Post subject: |
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I went up to St. Paul in late march to work for Johnson bros liquour during a teamsters strike. Second week I went out with another strike worker to make deliveries. We started at 7am and had 27 stops. Due to us not knowing the area and the warehouse not loading the truck properly it was going to be a long day. Around 9pm we missed our first stop because the liqour store had closed. I called in to see if we could call it a day . Supervisor said OK.
Coworker and I argued he wanted to go to bars still open and make deliveries. Around 10pm I got in truck locked the doors and said I'm going back to the yard. I back out of an alley and he jumps on passenger side. I drive for about a mile he jumps off and pops hood. I drive off come back police there and arrest me for assault. I go to jail spend a night and next day judge releases me and as I leave jail receive summons for carless driving. |
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Fredog
Joined: 23 Apr 2005
Posts: 2169
Location: North Georgia
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| Posted: Sat Apr 26, 2008 9:51 am Post subject: |
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treehouse wrote: I went up to St. Paul in late march to work for Johnson bros liquour during a teamsters strike. Second week I went out with another strike worker to make deliveries. We started at 7am and had 27 stops. Due to us not knowing the area and the warehouse not loading the truck properly it was going to be a long day. Around 9pm we missed our first stop because the liqour store had closed. I called in to see if we could call it a day . Supervisor said OK.
Coworker and I argued he wanted to go to bars still open and make deliveries. Around 10pm I got in truck locked the doors and said I'm going back to the yard. I back out of an alley and he jumps on passenger side. I drive for about a mile he jumps off and pops hood. I drive off come back police there and arrest me for assault. I go to jail spend a night and next day judge releases me and as I leave jail receive summons for carless driving.
I think I have to agree with bigdiesel this time |
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CrazyTulip
Joined: 08 Sep 2007
Posts: 180
Location: Central Florida
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| Posted: Sat Apr 26, 2008 10:32 am Post subject: |
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treehouse wrote: I went up to St. Paul in late march to work for Johnson bros liquour during a teamsters strike. Second week I went out with another strike worker to make deliveries. We started at 7am and had 27 stops. Due to us not knowing the area and the warehouse not loading the truck properly it was going to be a long day. Around 9pm we missed our first stop because the liqour store had closed. I called in to see if we could call it a day . Supervisor said OK.
Coworker and I argued he wanted to go to bars still open and make deliveries. Around 10pm I got in truck locked the doors and said I'm going back to the yard. I back out of an alley and he jumps on passenger side. I drive for about a mile he jumps off and pops hood. I drive off come back police there and arrest me for assault. I go to jail spend a night and next day judge releases me and as I leave jail receive summons for carless driving. It doesn't matter at this point what happened; you got the ticket, spent a night in jail so it'll be on your record and DMV. So get a lawyer if you want to fight this; it's the only way. My husband got a speeding ticket in a school zone (32 m/ph in a 25 m/ph). He could've paid the ticket, but then you get points on your CDL. So he got a lawyer. We ended up paying more than half more than what the actual ticket cost but he doesn't have points on his CDL nor is it on his MVR record. It's up to you: what do you want? You can come back here and try defend yourself or bite the bullet and get a lawyer and try to knock some of this crap of your MVR! Let us know how it goes. |
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DaveFromColorado
Joined: 23 Feb 2008
Posts: 75
Location: Chaska, MN
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| Posted: Sun Apr 27, 2008 8:27 am Post subject: |
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Wait ... you tried to ditch your associate on the job by holding up in the truck and attempting to drive away - he meanwhile didn't want to get left in the middle of nowhere so he heald onto the truck, and you continued to drive anyway ... and all you got was a careless driving ticket?
You should be thankful he didn't fall off the truck and get run over, or worse killed - you should probably suck it up and accept the ticket - and hope you can find a job with that on your record, at this point, once the facts of the case are introduced, I don't think a lawyer can help you out too much.
--Dave. |
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