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  #21  
Old 04-08-2009, 07:38 AM
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Originally Posted by GMAN View Post
I believe you are referring to a deposition, repete.
yeah , what he said. Thanks G
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  #22  
Old 04-08-2009, 09:25 PM
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If your truck has a speed limiter the shop can access that and print out what the road speed is set at, then take that with you to court as evedence that the truck could not achieve the speed you were ticketed for.

There is exceptions to that, grades for one.
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  #23  
Old 04-11-2009, 10:40 PM
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Originally Posted by --grande-- View Post
I was not going down hill, the officer was sitting under a over pass blacked out, he shot me with the radar gun mounted in his back window. There at the time of the reading was a 4 wheeler passing me. I know this because I had a detector in the truck with me at the time. I was speeding, 62mph in a 55, not 67mph. He came to the truck and told me i was doing 67mph I told him the truck is governed at 62mph, he laughed and said ya right.issedoff: I was like OK, he also gave the copany I work for a ticket for the tractor not being registered. We just got the truck and were waiting for the tags in the mail, I showed him the paperwork that stated the truck was legal, he said no I want the cab card. I told him the cab cards had not cam in yet, he still gave them a ticket :hellno:
chances are he knew how fast the car was going and how fast you where going. the radar will tell him which is the fastest vehicle and which is the strongest signal. (he will get two speeds on his detector) you being the truck and the bigger vehicle will have the strongest signal. also most officers are trained to judge your speed with there eyes and use the radar to back up there eye witness account. most officers can judge speed within 5 miles an hour and some are dead on all the time. (you spend hours doing it, it comes naturaly). he probably decided to give you the ticket because 80,000lbs speeding is more dangerous than 3,000. your best bet is to get a lawyer and plea it out. I wouldn't go into court and mention your radar detector or anything else. also most courts do not allow letters or statements as evidence unless the court or prosecutor can cross examine the witness. bol.
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  #24  
Old 04-14-2009, 11:18 AM
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Unless I'm mistaken and I'm sure someone here will correct me, every commercial vehicle in the US has a computer in it. At least the newer ones do. You can have the company draw a vehicle history from it showing your speed a different times during the past. Have then draw it for that day and mail it to court and it will show you not doing the speed that the officer said you were and what the ticket says you were doing. Since it will show that you will win the case.

If you have a qualcom its even easier. As for the reg/cab card, I wouldnt worry about that. That's up to the company to fix not you.

Your logbook can only be used for average speed not individual speeds at a given time. It is admissible in a court of law that is why you can get a ticket messing it up and officers can use it to give you one or shut you down based on it. Once you sign the page you are attesting to what is written there and it can convict you if presented as evidence in, say, a ticket for not taking a 10 hour break or saying your one place when the officer has you stopped somewhere else.
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  #25  
Old 04-14-2009, 11:20 AM
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Originally Posted by got mud? View Post
chances are he knew how fast the car was going and how fast you where going. the radar will tell him which is the fastest vehicle and which is the strongest signal. (he will get two speeds on his detector) you being the truck and the bigger vehicle will have the strongest signal. also most officers are trained to judge your speed with there eyes and use the radar to back up there eye witness account. most officers can judge speed within 5 miles an hour and some are dead on all the time. (you spend hours doing it, it comes naturaly). he probably decided to give you the ticket because 80,000lbs speeding is more dangerous than 3,000. your best bet is to get a lawyer and plea it out. I wouldn't go into court and mention your radar detector or anything else. also most courts do not allow letters or statements as evidence unless the court or prosecutor can cross examine the witness. bol.
A commercial vehicle also has a larger ticket, more chances to find something else wrong with a larger fine and a greater chance that the ticket will just be paid and not contested in court.
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  #26  
Old 04-14-2009, 11:24 AM
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This could be very serious. What is the amount over the posted speed limit in a cmv that you automatically lose your license? Isnt it something like 10mph?
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  #27  
Old 04-14-2009, 12:34 PM
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Quote:
Originally Posted by jonp View Post
Once you sign the page you are attesting to what is written there and it can convict you if presented as evidence
The page need not be signed to be used against you.

Quote:
395.8 Driver's Record of Duty Status

Question 3: If a driver’s record of duty status is not signed, may enforcement action be taken on the current day’s record if it contains false information?


Guidance: Enforcement action can be taken against the driver even though that record may not be signed. The regulations require the driver to keep the record of duty status current to the time of last change of duty status (whether or not the record has been signed). Also, 395.8(e) states that making false reports shall make the driver and/or the carrier liable to prosecution.
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  #28  
Old 04-14-2009, 12:51 PM
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Quote:
Originally Posted by jonp View Post
This could be very serious. What is the amount over the posted speed limit in a cmv that you automatically lose your license? Isnt it something like 10mph?
In most states 15 or over is considered reckless driving. Different speeds have different points in different states.
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  #29  
Old 04-15-2009, 10:35 AM
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Quote:
Originally Posted by Rev.Vassago View Post
The page need not be signed to be used against you.
I've always wondered about the "guidence". That would seem to me to be a point that you could fight over as the regulation does not say anything about it. I would not contest it but it makes me kinda mad in that it appears that the govenment agency is making it up as it goes along and is ticketing people not on what the duly passed regulation says but on what they want it to say and what they think it should say. Notice that it says "enforcement action". That means they are recommended to give you a ticket not that they would be successful in court in getting it upheld.

Either way: Sign the friggen logbook!
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  #30  
Old 04-15-2009, 10:42 AM
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395.8(d)(5) oops. mea culpa
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