Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-27-2003, 04:07 AM
Member
 
Join Date: Oct 2003
Posts: 37
Exclamation

California traffic law question**************...


Texas

My son (a 18 wheeler driver) just called and said he got a ticket in California for speeding and a logbook violation.
He said the cop tore out the page of his log book as evidence and told him to rewrite his log book. Never has this happened before my son said. (tearing out page) Is this cop breaking federal law ?
Thanks
Ol'Man
__________________
Artificial intelligence is no match for natural stupidity.
First rule of holes: When you're in one stop digging.
    Reply With Quote
  #2  
Old 10-27-2003, 08:31 PM
Senior Member
 
Join Date: Aug 2002
Location: Washington
Posts: 3,484
The officer has a right to secure the evidence so your son can't change the log book page after the fact. Did the cop gove him a receipt for the page?
__________________
This post does not constitute legal advice, nor does it create an attorney-client relationship. Postings are based only on the information provided and you should consult an attorney in your area before relying on information contained in this post.
    Reply With Quote
  #3  
Old 10-27-2003, 08:40 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: California traffic law question**************...


Quote:
Originally posted by Ol'Man
Texas

My son (a 18 wheeler driver) just called and said he got a ticket in California for speeding and a logbook violation.
He said the cop tore out the page of his log book as evidence and told him to rewrite his log book. Never has this happened before my son said. (tearing out page) Is this cop breaking federal law ?
Thanks
Ol'Man

My response:

By your statement, "Never has this happened before my son said", this is apparently a continuing problem with your son. Since your son has a difficult time following the law, and continuing to be a danger to the motoring public, I certainly hope the judge permanently yanks his license.

We don't need truckers on the road like your son.

IAAL
    Reply With Quote
  #4  
Old 10-27-2003, 11:52 PM
kcdogg
Guest
 
Posts: n/a

Re: Re: California traffic law question**************...


Quote:
Originally posted by I AM ALWAYS LIABLE
My response:

By your statement, "Never has this happened before my son said", this is apparently a continuing problem with your son. Since your son has a difficult time following the law, and continuing to be a danger to the motoring public, I certainly hope the judge permanently yanks his license.

We don't need truckers on the road like your son.

IAAL


I AM ALWAYS LIABLE ,
You can't be real or maybe you are, anyways your response was uncalled for someone needs to slap your mama!
    Reply With Quote
  #5  
Old 10-28-2003, 02:01 AM
Member
 
Join Date: Oct 2003
Posts: 37
I appreciate your replies. I didn't give my son's reply to the ticket as I wanted to see a few replies first. He said he was not speeding and was ticketed unjustly. He has been a driver for about 10 years. Bad Things Often Happen To Good People. Just because you are issued a speeding ticket does not mean you are Guilty. I know for a fact that many traffic tickets are more about Revenue than safety. They target 18 wheelers because they are easy and from out of town.

Copies of tickets are being faxed with a detailed account of the incident as I post here.

Now to sweeten the pot, my son is a member of a team, (thats 2 drivers in one truck) the second driver also got a ticket for speeding and logbook violations. Amazing, two drivers, both get speeding tickets, that's a first.

@ abezon: No, he did not give him anything but a ticket. Same with the other driver who was not driving.

@ I AM ALWAYS LIABLE: Your nick fits you well. It appeares you know little of all possible logbook violations. All violations do not necessarlly mean that the driver is a danger to the public. I shall forgive you of your hastily made decision not knowing all the facts and from reading some of your previous posts in other threads... "Are you one of the one's that rushed to judgement and nailed Jesus to the cross" ? ? ? Those of you without sin cast the first stone at the accused.

@ kcdogg: Thanks for your support, he replied as I expected.

As California is well known by all the 18 wheeler drivers for it's politicians and their methods of collecting revenue for the state, via the cops. This also applies to many other states too.

Any comments in the nature of help will be appreciated.

Thanks
Ol'Man
__________________
Artificial intelligence is no match for natural stupidity.
First rule of holes: When you're in one stop digging.
    Reply With Quote
  #6  
Old 10-28-2003, 06:44 PM
Senior Member
 
Join Date: May 2003
Posts: 2,607
Good post.
    Reply With Quote
  #7  
Old 10-28-2003, 08:44 PM
kcdogg
Guest
 
Posts: n/a
I second that motion, great post! And yes states use tickets as a source of revenue as do cities. Though this example is not directly related, In fullerton, ca they have this parking thing going on, I believe it is on the east and south sides of the street through out the city and there is no parking from 2am and 5am, but yet they do not ticket all the time, they only do so about twice a year and sweep the city in the process and the fine is 20.00 and most of them come in areas where there are houses and apartments. The city says someone who lives in the houses generate the complaints, but it is really odd that the city has no rhyme or reason for the timing of the tickets or for why the law was even put into effect. Sense?Not! Revenue generating? Yes! I'm pretty sure they reap a whole lot of cash for this obsolete law which was created way back when there weren't many apartments.

Last edited by kcdogg; 10-28-2003 at 08:47 PM.
    Reply With Quote
  #8  
Old 10-30-2003, 08:13 PM
Senior Member
 
Join Date: May 2003
Posts: 2,607
Abezon is correct that the officer can take the logbook as evidence.

Interpretations

§395.8 Driver's Record of Duty Status

Question 9: May a duplicate copy of a record of duty status be submitted if an original was seized by an enforcement official?

Guidance: A driver must prepare a second original record of duty status to replace any page taken by an enforcement official. The driver should note that the first original had been taken by an enforcement official and the circumstances under which it was taken.
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

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 Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:58 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.