User Tag List

Reply
 
LinkBack Thread Tools Display Modes
  #1  
Old 04-06-2009, 04:40 PM
--grande--'s Avatar
Member
Thread Starter
Join Date: Feb 2009
Posts: 56
Default Log Book Pages & Court

Can I use my log book as a defence in court? I got a speeding ticket, but according to my log book the time I got pulled over, and ticketed I was running an average of 51 miles an hour. I got ticketed for 67 in a 55, but my truck only runs 62 mph. :eek2: I have to goto court, can not afford an lawyer, sure as hell can not afford the ticket.
__________________
Reply With Quote
  #2  
Old 04-06-2009, 04:45 PM
matcat's Avatar
Senior Board Member
Join Date: Sep 2007
Location: Manchester, NJ
Posts: 1,469
Default

I don't think the log book will do you much good, because it could easily be manipulated. But being governed you can use the company as a witness to state for you the truck was indeed governed at the time, you may also need to prove there was no hill or grade where the alleged speeding took place so that no one can say you coasted to up that speed.
__________________
My Trucking Blog: http://matcattruckin.blogspot.com/
Website I am making for drivers: http://www.4thedriver.com

As I sit looking all around,
Confusion and uncertainty is all I found.
The answers are there,
But I do not know where.
Optimistic and hopeful dreams,
Are all I have so it seems.
The future I do not know,
So all I can do is take it slow.
But I do know it will work out,
So I wait and watch without a doubt
.
Reply With Quote
  #3  
Old 04-06-2009, 04:50 PM
dobry4u's Avatar
Senior Board Member
Join Date: Apr 2008
Location: Midwest
Posts: 1,285
Default

Quote:
Originally Posted by --grande-- View Post
Can I use my log book as a defence in court? I got a speeding ticket, but according to my log book the time I got pulled over, and ticketed I was running an average of 51 miles an hour. I got ticketed for 67 in a 55, but my truck only runs 62 mph. :eek2: I have to goto court, can not afford an lawyer, sure as hell can not afford the ticket.

You can offer the log book to the judge but it isn't going to take precedence (not clear and convincing) over the officer's statement or gun reading. I think a letter from your employer certifying that the truck is governed at 62 will help, but if you were going down an hill, you better get a lawyer, IMHO anyway.

or.. what Matcat said
Reply With Quote
  #4  
Old 04-06-2009, 05:22 PM
--grande--'s Avatar
Member
Thread Starter
Join Date: Feb 2009
Posts: 56
Default

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:
__________________
Reply With Quote
  #5  
Old 04-06-2009, 05:37 PM
Guest
Senior Board Member
Join Date: Feb 2006
Location: South Central PA
Posts: 659
Default

This is what the judge will tell you......You may show an "average" speed of 51, but it only takes 5 seconds to go 67. This will not affect your average speed much. Seems you had a few second mental lapse.
Reply With Quote
  #6  
Old 04-06-2009, 05:45 PM
matcat's Avatar
Senior Board Member
Join Date: Sep 2007
Location: Manchester, NJ
Posts: 1,469
Default

Quote:
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:
Well it sounds like the company will get to go to court as well, there is your witness for it being governed
__________________
My Trucking Blog: http://matcattruckin.blogspot.com/
Website I am making for drivers: http://www.4thedriver.com

As I sit looking all around,
Confusion and uncertainty is all I found.
The answers are there,
But I do not know where.
Optimistic and hopeful dreams,
Are all I have so it seems.
The future I do not know,
So all I can do is take it slow.
But I do know it will work out,
So I wait and watch without a doubt
.
Reply With Quote
  #7  
Old 04-06-2009, 05:47 PM
--grande--'s Avatar
Member
Thread Starter
Join Date: Feb 2009
Posts: 56
Default

Quote:
Originally Posted by dollarshort View Post
Seems you had a few second mental lapse.

How the truck only runs 62 :banghead:
__________________
Reply With Quote
  #8  
Old 04-06-2009, 06:30 PM
dobry4u's Avatar
Senior Board Member
Join Date: Apr 2008
Location: Midwest
Posts: 1,285
Default

Quote:
Originally Posted by matcat View Post
Well it sounds like the company will get to go to court as well, there is your witness for it being governed
I am guessing the company will mail their fine in. The OP though, probably will get going 12 over when the OP goes to court without representation (a lawyer) :tears: because 62 is still speeding and the court usually sides with the po-po.
Reply With Quote
  #9  
Old 04-06-2009, 06:49 PM
Rev.Vassago's Avatar
Guest
Board Icon
Join Date: Apr 2006
Location: The other side of the coin
Posts: 9,411
Default

Quote:
Originally Posted by --grande-- View Post
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.
1. Detectors are illegal in CMV's.
2. You were speeding, therefore you were (by your own admission) breaking the law.
3. A log book isn't going to help you, as it will not show the exact speed you were going at the time you were cited.

Your best bet is to get a lawyer to get the ticket reduced or dismissed.
Reply With Quote
  #10  
Old 04-06-2009, 06:53 PM
golfhobo's Avatar
Board Icon
Join Date: Oct 2005
Location: the 19th hole / NC
Posts: 9,710
Default

Were you heading toward L.A?? If so, tell the judge it wasn't your fault. You were standing on the brakes but being pulled forward by an irresistable force! i.e: L.A. SUX!!! :lol:
__________________
Remember... friends are few and far between.

TRUCKIN' AIN'T FOR WUSSES!!!

"I am willing to admit that I was wrong." The Rev.
Reply With Quote
Reply





Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT. The time now is 06:01 PM.


User Alert System provided by Advanced User Tagging v3.3.0 (Lite) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.