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Old 06-18-2003, 06:18 PM
P. Momi S.
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Help! Misdemeanor Citation by poor training instructions while in big Rig training


State: CA-San Bernardino

Im a new employee of a trucking co & was in manditory training. I received a Hazmat citation (cased as a misdemeanor) while on this training. My driver trainer instructed me to drive when told. I asked the driver trainer if there was anything else to do before I drove. He said no, just drive. The driver trainer is the owner of the vehical but since I was driving, I got the ticket but the driver-trainer said he would take care of the bill since he is the trainer and will report it to the co. I appeared in court and pleaded not guilty and requested if the court would except a letter of owners responsibility, the San Bernardino Court said yes and on the minute order from the court states that I was to return and/or have a representative from my co to accept this responsibility. I returned for the 2nd court date and no one showed from the co. I then stated to the court that the company wants the bill sent to them, I called back my employer & was told that they can't send a rep down to court because the ticket is under my, however, they keep stating that they will take care of the bill. I can't get a bill unless I plead guilty. I will not plead guilty. The driver-trainer is willing to pay this bill but will not go to court. He is an over the road truck driver and will not take the time to go. I have to return to court for the 3rd time and have no idea what to say or expect. I knew nothing about why I received the citation, I was on training, which is the reason I was on training, to learn all I need to know by a trainer that this company has provided for me to learn.

Question:Can my company, who provided me this trainer to do manditory training, be responsible in any way or be more of assistance to me in this situation because I was in training? Is it true that they can't send a rep down even when the court states "or have rep from co represent" and even when they are requesting the bill to be sent to them? I would really appreciate some assistance. Thank you.

Last edited by P. Momi S.; 06-18-2003 at 06:31 PM.
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Old 06-18-2003, 06:30 PM
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Join Date: Jan 2000
Location: Los Angeles, California
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Re: Misdemeanor Citation while on company training


Quote:
Originally posted by P. Momi S.
State: CA-San Bernardino

Im a new employee of a trucking co & was in manditory training. I received a Hazmat citation (cased as a misdemeanor) while on this training. My driver trainer instructed me to drive when told. I asked the driver trainer if there was anything else to do before I drove. He said no, just drive. The driver trainer is the owner of the vehical but since I was driving, I got the ticket but the driver-trainer said he would take care of the bill since he is the trainer and will report it to the co. I appeared in court and pleaded not guilty and requested if the court would except a letter of owners responsibility, the San Bernardino Court said yes and on the minute order from the court states that I was to return and/or have a representative from my co to accept this responsibility. I returned for the 2nd court date and no one showed from the co. I then stated to the court that the company wants the bill sent to them, I called back my employer & was told that they can't send a rep down to court because the ticket is under my, however, they keep stating that they will take care of the bill. I can't get a bill unless I plead guilty. I will not plead guilty. The driver-trainer is willing to pay this bill but will not go to court. He is an over the road truck driver and will not take the time to go. I have to return to court for the 3rd time and have no idea what to say or expect. I knew nothing about why I received the citation, I was on training, which is the reason I was on training, to learn all I need to know by a trainer that this company has provided for me to learn.

Question:Can my company, who provided me this trainer to do manditory training, be responsible in any way or be more of assistance to me in this situation because I was in training? Is it true that they can't send a rep down even when the court states "or have rep from co represent" and even when they are requesting the bill to be sent to them? I would really appreciate some assistance. Thank you.

My response:

You plead "Not Guilty". The judge will schedule a trial date. Prior to that date, you have the clerk issue and serve Subpoenas to Appear at trial on everyone you've mentioned.

You MAKE them appear. Then, you get them to admit their responsibility in open court, and on the record.

IAAL
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