Truck Driving Jobs

married to the road · #1 12-04-2008, 11:04 PM

I was going east in TN on I-40 about 15 miles from NC and headed home. I had the cb down and the radio up when I came up on 2 trucks going around 50 and the speed limit was 55, I was empty and figured that they were going slow because of the curves, so I went around them doing around 60 and saw a trooper on the side of the road, I slowed down a couple miles an hour but still made it around them with no problem when I passed a sign on the left lane that said "No trucks this lane". And it hit me that I had passed another one a little ways back and realized that trucks are not supposed to be in left lane, even though there's only 2 lanes going east. About that time, here comes the trooper with his lights on and pulls me. He put me though a class 3 inspection and couldn't find anything wrong there and I wasn't really speeding, so he just gave me a ticket for "passing in restricted lane", or something like that.
My qustions is, is this ticket worth fighting? it's in ****e County, TN, about 2 and a half hours from my house and I know I can just send in some money and plead guilty and not have to show up. Or I may be able to look online to find a lawyer out there that could help me fight the ticket.
This happened on my way home to clean out my truck, and I will probably start looking for another job Jan or Feb of next year so I mainly worried about this affecting my chances of getting another job. BTW, I had 2 minor tickets about a year and a half ago and those are the only tickets I have in about 10 years. But I also have 2 minor preventables (not dot prevetables). Thanks for any help!!!

BIG JEEP on 44's · #2 12-04-2008, 11:15 PM

See if you can get it dropped to a non moving violation ,and ask the clerk if there are any programs that they offer as an alternative to the ticket...I would get a lawyer to get it dropped or atleast reduced to non-moving if you can't through correspondence with the courts...This ticket will probably not keep you out of most jobs ,but you need to keep your MVR clean ,so when you do screw up you need 2 part with the cash to keep your MVR clean .

BanditsCousin · #3 12-08-2008, 02:15 AM

I got a 3rd lane violation in CA not too long ago. When I went to get insurance on my Syclone, they (Progressive) told me it showed up as driving in a bus/bicycle lane and wouldn't cost me points as far as my driving record goes in the eyes of an insurance company.

married to the road · #4 12-08-2008, 02:46 AM

Quote:

Originally Posted by BanditsCousin

I got a 3rd lane violation in CA not too long ago. When I went to get insurance on my Syclone, they (Progressive) told me it showed up as driving in a bus/bicycle lane and wouldn't cost me points as far as my driving record goes in the eyes of an insurance company.

Thanks for the replies.

This wasn't even in the 3rd lane (there were only 2 lanes but sign said trucks stay in rt lane). Well hopefully it won't cost me any points on my record. I think I jinxed myself, I said on the phone that afternoon that I had gone this whole year with no tickets or accidents or anything. Didn't do bad last year, just did a lot better this one.

GMAN · #5 12-09-2008, 12:28 AM

I don't think it will hurt you too much, but in this business it is usually a good idea to fight any ticket. You might be able to go to court and explain to the judge that you didn't see the sign until you were in the outside lane. He could throw it out, change the charge or dismiss it. The cleaner your driving record the better.

ct77 · #6 12-11-2008, 02:55 AM

The Gorge.

That would be just my luck, God knows I have been tempted to pass there but Iknow the day I do I will get caught. Was that your first time through there?

west_coaster · #7 12-11-2008, 07:41 AM

The first thing you need to do is take a look at the "title" he cited you under. In Tennessee the traffic stuff is under Title 55, Chapter 8. So on your ticket it should say somewhere near where he wrote "passing in restricted lane" you should see like a 55-8-???. Possibly 55-8-121? Then you need to read that law and see if you met all the "elements" for the violation. This is the first thing a lawyer will do, but he'll charge you for it. I am curious which chapter section he cited you under. It sounds to me like he was going to write you for the lane violation, but just did an inspection first. Also, you might call the local county court system you were cited into and try to contact the DA or Deputy DA who handles the traffic violations. Call them and talk with them about the ticket, and a lot of the time they will make a decision to drop it right there (I see this quite a bit). Just don't call them up with the "This is bull-sh#t" attitude.

You can find the Tennessee traffic laws here: Legal Resources

West_Coaster

Chiefwhatdahey · #8 12-11-2008, 02:55 PM

I think you should fight it as well, you have established a pattern in the last couple years with two tickets and two "minor" preventables, this is what the suits are going to look at when they decide whether to hire you or not. Keep in mind what you do in your personal vehicle counts just as much as what you do in the truck.

ratface · #9 12-12-2008, 08:59 PM

80% of all tickets can be won with the right attorney, its up to you to figure out who you want to pay.

GMAN · #10 12-14-2008, 03:56 PM

With current CDL laws it is important to fight any ticket to avoid messing up your MVR. Most states and municipalities are really more interested in getting your money rather than putting something on your license. It no longer matters whether you are in your personal vehicle of a CMV, the citation follows your CDL. I have a friend who got a ticket because of a complaint that a private citizen filed against him. According to my friend it was the 4 wheeler who was at fault. I think the 4 wheeler cut him short in a construction zone or something similar. A cop called him and based upon their conversation he sent my friend a citation in the mail. I tried to get my friend to fight it. I have no doubt that he could have beaten the ticket. The cop didn't even witness the event. He didn't want to be bothered so he paid the ticket. Less than a year later he wanted to lease to a carrier. Because of this ticket he was unable to lease on to them. He finally found another carrier, but it wasn't his first choice. All of this due to not fighting the ticket. Had he gone to court the guy who filed the complaint might not have shown up. In any case, the cop did not witness the incident. I don't think there would have been sufficient evidence to warrant a conviction of the ticket.