[Ronin]

Hopefully the tweaking will involve remembering the concept of Due Process of law. Not providing drivers ways to appeal these summary decisions flies in the face of the core aspects of American law as demonstrated in both the Fifth Amendment (for the Federal Government) and the Fourteenth Amendment (for states)

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

And since they don't allow any appeal and rebuttal mechanisms for drivers, it's unconstitutional.

[Ronin]

Originally Posted by bentstrider

So, say you're in my situation and got into an accident that's coming up on three years.
Do they retroactively factor in past accidents from that long ago, or are they going to be smart about it and just keep up with things that occur after the CSA 2010 thing goes into effect?

And also, doesn't anyone think these regs will be enforceable as an individual "state discretion"., a'la "truck-friendly state" being more lenient than a "non-truck friendly state"?

After living in California for so long, I could see the level of anti-trucker animosity going through the roof here, especially in the heavily scale-concentrated, Bay Area.

IF they did make it retroactive (ex post facto) they'd be in violation of Article I Section 9 of the US Constitution which makes retroactive laws of this nature illegal, as well as the Fifth Amendment's provision against double jeopardy (since being added to history would be a punishment in addition to any standing fines/points already imposed for the infraction)

No bill of attainder or ex post facto Law shall be passed.

[bentstrider]

Originally Posted by Ronin

IF they did make it retroactive (ex post facto) they'd be in violation of Article I Section 9 of the US Constitution which makes retroactive laws of this nature illegal, as well as the Fifth Amendment's provision against double jeopardy (since being added to history would be a punishment in addition to any standing fines/points already imposed for the infraction)

Well, aside from showing up on DAC and Driverfacts, none of this ever went on CA DMV or anything like that.
I figured no injuries or any real property damage outside of the truck itself, so a thin-line perhaps?

[homer]

Originally Posted by Ronin

Al It seems CSA is out to destroy the industry.

i thought it was destroyed already.

no moving violation for 20 years then in 07 a slow mover hung me out in my car in the left lane after 20 miles of 38 mph.65 in a 55. (68 in 55 ) also had jury duty so i paid up.
this morning bootcamp is parked on a curve on steep hill and pops me for 5 over in my car(47 in 35)
i got home and turned on the scanner and bootcamp and his buddy are having a contest to see who writes the most fines and are assigning points depending on us highway or state route.he sed he was too busy too cuff me up to check the serial numbers on on my permitted concealed glock.
no violations in the slow semi-truck tho except the overload a heavy hauler always has on mvr
im gona have to add up the points soon

[Windwalker]

Originally Posted by headborg

@ last two comments:

I can see it now... poor old outlaw trucker knows he's on his last violation-- and instead of pulling over and taking his "retirement" gracefully-- decides to give that trooper a run for his money. Going out in a blaze of glory- and make the TV programs-- worlds (fill in the blank) chases/ crashes video.

They already have the chases. Got to watch a truck circle the lot at a Pilot the other week. Taking corners on 9 wheels a couple of times around the lot, then out and gone... Only to come back about 5 minutes later with half a dozen squads behind him. When they cut off his exit, he bailed out and ran for the woods. Found out it was a 17 year-old kid out for a joy ride. I was sure he was going to roll it on every corner.

Or (was it Werner?) that was chased in Spokane a few years ago... Let his wife/girlfriend out, then went downtown? (or something like that.)

CSA-2010 may reduce them, but will not stop then.