A Trucker's Rebellion

[Yard Dawg]

What is the name of your state? California

A trucking associate of mine was issued a ticket for not maintaining his hourly log(s) while waiting to unload his cargo. The officer that issued the ticket had no probable cause to stop him, and the driver received a fine for an ubscene amount of money. Without any success, the driver petitioned the city in which he received the ticket to lower the fine. Unfortunately, the city did not fulfill his requests and the fine amount has increased to approximately $1,000. The driver is refusing to pay.

Is this type of traffic violation a misdemeanor offense that is subject to such a high fine amount? Moreover, is there any statute of limitations on uncollected traffic tickets in the state of California? If so, what is the time-frame, i.e. 7 years?

I think this one will wait it out.

Your friend should think carefully about his decision to wait it out. Commercial DLs have their own set of rules and if CA suspends his CDL he could no will lose his job. You as a trucker know yourself that your log books have to be current at all times and a police officer has the RIGHT to inspect them anytime to make sure your complying with the regs.

[CdwJava]

Originally Posted by Yard Dawg

What is the name of your state? California

A trucking associate of mine was issued a ticket for not maintaining his hourly log(s) while waiting to unload his cargo. The officer that issued the ticket had no probable cause to stop him, and the driver received a fine for an ubscene amount of money. Without any success, the driver petitioned the city in which he received the ticket to lower the fine. Unfortunately, the city did not fulfill his requests and the fine amount has increased to approximately $1,000. The driver is refusing to pay.

Is this type of traffic violation a misdemeanor offense that is subject to such a high fine amount? Moreover, is there any statute of limitations on uncollected traffic tickets in the state of California? If so, what is the time-frame, i.e. 7 years?

I think this one will wait it out.

If he was cited for a log violation, then it is a STATE violation and the city has NO SAY as to what the fine might be.

If he fails to pay the citation or successfully challenge it in court, he WILL lose his license and he will likely be subject to arrest for failing to appear in court.

This is an infraction. It will cause him to lose his commercial license. And his license will remain suspended until (at least) the citation is resolved. This will also prevent him from obtaining a license in most other states and will certainly end his commercial hauling days.

But, it's his call.

Specifically, what section was he accused of violating? If it is one of the CVC 34501 sections, he could face up to $1,000 for a first offense! And with fees and assessments tacked on, it could be much more.

- Carl

[CdwJava]

Originally Posted by Yard Dawg

A trucking associate of mine was issued a ticket for not maintaining his hourly log(s) while waiting to unload his cargo. The officer that issued the ticket had no probable cause to stop him,

Oh, and the officer didn't "stop" him. The driver was stopped and waiting to unload. And by CA state law, he is required to present his log book on request.

- Carl

[Yard Dawg]

I appreciate all of your responses. In addition to the potential penalties that you listed, I read that a vehicular lein may also be applied if the fine goes unpaid and that the collection amount can increase to the amount of the vehicle/lein... Is this true? Hopefully, my friend will heed your advice, but it really is a "matter of principle" to him. Is there any statute of limitations that would relieve him of this obligation? He was advised by an attorney that there was a California statute of limitations for such violations. I hope that he was not misinformed...

Thanks,