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-   -   Log Book Pages & Court (https://www.classadrivers.com/forum/new-truck-drivers-get-help-here/37581-log-book-pages-court.html)

--grande-- 04-06-2009 04:40 PM

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.

matcat 04-06-2009 04:45 PM

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.

dobry4u 04-06-2009 04:50 PM

Quote:

Originally Posted by --grande-- (Post 445435)
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 ;)

--grande-- 04-06-2009 05:22 PM

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.:pissedoff: 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:

dollarshort 04-06-2009 05:37 PM

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.

matcat 04-06-2009 05:45 PM

Quote:

Originally Posted by --grande-- (Post 445444)
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.:pissedoff: 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 ;)

--grande-- 04-06-2009 05:47 PM

Quote:

Originally Posted by dollarshort (Post 445446)
Seems you had a few second mental lapse.


How the truck only runs 62 :banghead:

dobry4u 04-06-2009 06:30 PM

Quote:

Originally Posted by matcat (Post 445447)
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.

Rev.Vassago 04-06-2009 06:49 PM

Quote:

Originally Posted by --grande-- (Post 445444)
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.

golfhobo 04-06-2009 06:53 PM

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:


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