Listen little brother, I do consider myself lucky, but the fine is excessive. I am only trying to get advice like any sane person would do. I have never discounted the fact that I was wrong and yes I do a better job with my pre trips now.

 

Thank you for your advice friend.

 

Theres always one that has to be an aZZ rather than offering good advice or none at all. How surprising.

 

Not being an azz, the advice is simple: Stand up, admit your stupidity, pay the fine, don't blame the inspector or Canada for your incompentence. The fine seems excessive for a reason: he could have killed somebody. We had a number of high profile deaths on Hwy 401 as a result of truck tires coming off and killing/seriously injuring people. While as a driver I may be sympathetic to his financial woes, I have no sympathy for a guy who wants to blame the system for his own incompetence. A loose wheel is easy to spot for anyone who does a proper inspection; man up and take responsbility, both morally and financially, and consider yourself lucky you're not going to prison for several years.

Edit: Section 11.2.4, Michigan CDL manual.
Lug Nuts
Check that all lug nuts are present, free of cracks
and distortions, and show no signs of looseness
such as rust trails or shiny threads.
Make sure all bolt holes are not cracked or
distorted.

 

Fine Reduced to $1500.00 plus 25% Victims Surcharge. Total= $1875.00

Defense strategy = I was wrong and it won't happen again.

I checked the lugs for signs of looseness Professor. The mistake I made was not trying to turn them. I am still trying to find the area in my post where I blame the inspector. In fact here is the statement I read in Court:


I would like to begin by thanking the Inspecting Officer for catching the

defect as well as Her Worship and the Counsel for the Crown for your

time. I would also like to publicly apologize to the Citizens of Canada for

operating an unsafe commercial vehicle on their roads.


The 33rd President of the United States, Harry Truman had a sign on his

desk that read "The buck stops here". It is a reference to the saying

"passing the buck". I am here to tell you that in the sequence of events

that transpired over the coarse of 34 days I know that I am the one that

was ultimately responsible for the defect of the trailer in question on the

night in question and for that I sincerely apologize. I will not try to pass

the buck. However I would like to provide a brief time line. The trailer

had been serviced in late September and the wheels were removed. It

was taken to a major truck stop with missing lug nuts on the 17th of

October and finally the defect was noted by the Inspecting Officer on the

21st of October. I had hooked to the trailer in question at 130 on the 21st

of October in Carleton, MI, done a 15 minute pre-trip inspection and

headed for the border. I did do an inspection and it was clearly annotated

on my log. I drove the trailer in question approximately 70 Kilometers

(the trailer had traveled approximately 4000 Kilometers in the defective

state under other drivers)) before being pulled into the inspection station

at approximately 2130. During the inspection the officer discovered 8

loose lugs. Lugs are supposed to be checked between 50 to 100 miles

after they have been installed. Obviously they were not and I did not

catch the defect. I am glad that the officer caught it and that there was

not an incident. While deciding whether or not to take this to trial I found

myself back to the same question over and over. "Are you guilty of the

offense in question". The answer was the same every time. "Yes".


Now to my financial situation. I had chosen almost 3 years ago to get out

of truck driving. I felt that the physical and mental costs associated with

over the road driving were not worth it. Especially considering that the

wages were nominal at best. I have never been married, so family life

and home time were never a real issue with me. Last year I was laid off

from the job I held and spent the next 4 months unemployed. I could not

envision myself back in a over the road position and finally landed a job

as a local driver/technician with a medical equipment company. I made

decent money but had little to spare. In the summer I finally met the

person I intend to marry. My love for her is the only thing that would

cause me to sell my life to an employer. I figured that it would only be a

year to a year and a half and that I could handle it.

DETAILS OF MARRIAGE EDITED

This event has effected me considerably. I have thought of little else for

the past 57 days. I have had problems sleeping and eating. I do know

that if a accident had resulted I would not have been able to handle it,

once again I am grateful that I was inspected that night. It has brought on

wholesale changes in the way I conduct my inspections and conduct

myself as a Professional Driver overall. I now go by this list each and

every time I do both my pre and post trips. From the beginning of my

employment with Gainey Transportation I knew that I would be seeking

employment elsewhere eventually. It was not a good fit. This event

spurred me into action and I now have a job with a company that I love.

Both I and my company have went through considerable time and

expense to get me here to answer these charges. The fine that my

learned friend is seeking equates to 19% of a years post tax income

without my per diem taken into consideration, which is used for my

expenses while living on the road. I know that I have earned a fine. I am

only asking that the court reduce the fine to a level that would not be as

financially cumbersome.

I would hope that Her Worship would take the following into consideration.


1.) I am truly remorseful

2.) I am a law abiding Citizen with no prior offenses.

3.) I am on less than sound financial ground.

4.) I have gone to considerable lengths to appear today.

5.) I have learned a valuable lesson and it will never happen again.

What I told them was the truth. I have never denied my part in this chain of events. They were very polite and have worked out payment arrangements with me. I agree that the cost is small compared to what it could have been. I will post more about this experience at another time.








































































































Now to my financial situation. I had chosen almost 3 years ago to get out of truck driving. I felt that the physical and mental costs associated with over the road driving were not worth it. Especially considering that the wages were nominal at best. I have never been married, so family
life and home time were never a real issue with me. Last year I was laid off from the job I held and spent the next 4 months unemployed. I could not envision myself back in a over the road position and finally landed a job as a local driver/technician with a medical equipment company. I
made decent money but had little to spare. In the summer I finally met the person I intend to marry.

DETAILS OF MARRIAGE EDITED

This event has effected me considerably. I have thought of little else for the past 57 days. I have had problems sleeping and eating. I do know that if a accident had resulted I would not have been able to handle it, once again I am grateful that I was inspected that night. It has brought on wholesale changes in the way I conduct my inspections and conduct myself as a Professional Driver overall. I now go by this list each and every time I do both my pre and post trips. From the beginning of my
employment with Gainey Transportation I knew that I would be seeking employment elsewhere eventually. It was not a good fit. This event spurred me into action and I now have a job with a company that I love. Both I and my company have went through considerable time and expense to get me here to answer these charges. The fine that my learned friend is seeking equates to 19% of a years post tax income without my per diem taken into consideration, which is used for my expenses while living on the road. I know that I have earned a fine. I am only asking that the court reduce the fine to a level that would not be as financially cumbersome.

I would hope that his/her Worship would take the following into consideration.


1.) I am truly remorseful

2.) I am a law abiding Citizen with no prior offenses.

3.) I am on less than sound financial ground.

4.) I have gone to considerable lengths to appear today.

5.) I have learned a valuable lesson and it will never happen again.

 

Wow, I'm impressed with your ability to keep a positive and pleasant attitude through this whole ordeal.

 

Lindy,
From the tone of my posts, you probably think I don't have sympathy for you; you're wrong. I'm gald it worked out for you, in terms of the reduced fine and payment plan, and obviously you are more than remorseful for having missed the loose lugs.

The following post you made is what set me off:
Now "The Crown" is trying to take 10% of my before tax income. I would prefer never to roll or see Canada again. I used to love going there. The company I am with now is the best Trucking and one of the best overall that I have ever worked for. They need me to go there and I will, but I will never feel the same. I feel like a rape victim at this point.

But that's all in the past, I'm glad things worked out, and for what it's worth I want to wish you and your bride-to-be the best for your future. I'm gald you found a reasonable paying job in this industry (that's a whole other thread we could start) and I hope things continue to improve.

 

I think thats stupid the driver got a fine, i think all fines should go to the carrier!
I know all overweight fines go to the carrier. So i think all fines other than speeding should too.

Whats a driver supposed to do if the carrier refuses to fix something or says it doesn't need fixed, and then they get caught and fined, its not the drivers fault if the carrier refused to fix something.

Sometimes these inspectors overreact, there is alots of things that might look dangerous, but actually they are not dangerous at all, and these inpsectors fine ppl anyway.
Like cracked leaf spring, i have seen trucks driven for months with a cracked spring and nothing happens, so i really don;t think a cracked spring is dangerous at all.

 

Either, not a dry eye in the courtroom, or the were laughing their @ss@s off.

A sentencing statement for murder one on Court TV would have less remourse :wink:

To the Cannucks - watch out, we just might annex you.