it appears the truck pulled out into the lane and the car swiped the trailer...4 ways don't give the right to pull out...
ticketed 4 a hit n run not knowing was in an accident,
- Thread starter tigerlily3
- Start date
it appears the truck pulled out into the lane and the car swiped the trailer...4 ways don't give the right to pull out...
#1 she doesn't know when & if she was hit. The person with the complaint may have had a broken window for 10 years. Figures I'll slide along this trailer & let them pay. Tigerlily should contact her Insurance Agent\Co. and say I have Back pain & whip lash from being hit from behind.
Brisco
Expert Expediter
And another thing to consider, is some states a "Hit & Run" is classified as a "Felony". If OP is found to have in fact committed a "Felony" by being found "Guilty" of a "Hit & Run", then OP automatically loses his CDL for quite some time to come.
Can't remember how it's worded, and don't really have time to find the legal "verbage" right now, (Turtle, quite sure you know where it's at
) but it is written somewhere in our trucking statutes.
One thing I don't understand though is how a State Trooper who is not involved in the "Hit & Run" accident investigation can issue such a ticket. In Texas, only the investigating officer of said incident has the legal power to issue citations, obtain warrants, or ultimately make an arrest on such a case as this one. Same Trooper just cannot call his buddy "Bob" some 30 miles away and say "Hey, Give That Guy a Ticket!!" "Bob" is not involved in that investigation and it will not be "Bob" sitting up there in the witness box testifying against said defendent.
Sure, there are cases where "Tom" can call "Bob" and say "Get That Guy!!", but those are usually for extreme cases. (Murderers, Robbers, etc). But in this case, "Tom" is the investigating officer, and IMO, Tom should have been the one that showed up there at the Scales to issue Citation for the accident he "Investigated".
To understand what I'm getting, watch an episode of "COPS". You will see many examples of this. Let's say an officer gets dispatched on a Domestic Violence call. He is there with the Victim. He is the Primary Representative of the State there investigating that crime. During his investigation, he has evidence that an assault did actually take place. During his Investigation it is learned the one who committed the assault is now down at the Pool Hall 3 blocks over. Investigating Officer calls another unit to go pick up the suspected assaulter (can't remember exact jargon, it's been years). Called unit snatches up suspect. In many episodes of COPS, you will see the original IO leaving assault victim and then driving over to pick up his suspect that he has evidence of where an actual law of the state was violated. IE - the assault on the victim. Or, if it's not camera, he will be at the Station for 2-3 hours filling out the paperwork against said suspect.
Just my opinion as a fellow CDL holder, I'd hate to be in your shoes right now, and wish you best of the luck. Even if proper procedures were not followed during the issuing of the citation, of which I don't know TN laws so I can't really say. You still have to deal with the "Witnesses" that are making the claims against you. 1 being the one who hit you, and 2, the one who claims to have been a "witness". Plus, you have said you have not seen the ST-3 report yet. (Accident Report) You really don't know what you're up against just yet.
Yes, I'd find a Lawyer as soon as I could.
Can't remember how it's worded, and don't really have time to find the legal "verbage" right now, (Turtle, quite sure you know where it's at
) but it is written somewhere in our trucking statutes.One thing I don't understand though is how a State Trooper who is not involved in the "Hit & Run" accident investigation can issue such a ticket. In Texas, only the investigating officer of said incident has the legal power to issue citations, obtain warrants, or ultimately make an arrest on such a case as this one. Same Trooper just cannot call his buddy "Bob" some 30 miles away and say "Hey, Give That Guy a Ticket!!" "Bob" is not involved in that investigation and it will not be "Bob" sitting up there in the witness box testifying against said defendent.
Sure, there are cases where "Tom" can call "Bob" and say "Get That Guy!!", but those are usually for extreme cases. (Murderers, Robbers, etc). But in this case, "Tom" is the investigating officer, and IMO, Tom should have been the one that showed up there at the Scales to issue Citation for the accident he "Investigated".
To understand what I'm getting, watch an episode of "COPS". You will see many examples of this. Let's say an officer gets dispatched on a Domestic Violence call. He is there with the Victim. He is the Primary Representative of the State there investigating that crime. During his investigation, he has evidence that an assault did actually take place. During his Investigation it is learned the one who committed the assault is now down at the Pool Hall 3 blocks over. Investigating Officer calls another unit to go pick up the suspected assaulter (can't remember exact jargon, it's been years). Called unit snatches up suspect. In many episodes of COPS, you will see the original IO leaving assault victim and then driving over to pick up his suspect that he has evidence of where an actual law of the state was violated. IE - the assault on the victim. Or, if it's not camera, he will be at the Station for 2-3 hours filling out the paperwork against said suspect.
Just my opinion as a fellow CDL holder, I'd hate to be in your shoes right now, and wish you best of the luck. Even if proper procedures were not followed during the issuing of the citation, of which I don't know TN laws so I can't really say. You still have to deal with the "Witnesses" that are making the claims against you. 1 being the one who hit you, and 2, the one who claims to have been a "witness". Plus, you have said you have not seen the ST-3 report yet. (Accident Report) You really don't know what you're up against just yet.
Yes, I'd find a Lawyer as soon as I could.
all in likely it is a money grab....free money...less taxes of course and a new paint job...while maybe a good driver loses his career..
I would humbly suggest to Ms. Lily she either through the internet or some other means get a copy of the December 2009\January 2010 Issue of Land Line magazine and read the article "Hill Country Blues" on PP 44 & 45. The particulars are not that different.
P.S. If there is a name on the side of the Dry Van or the tractor lots of 4 wheelers see $ signs.
P.S. If there is a name on the side of the Dry Van or the tractor lots of 4 wheelers see $ signs.
greg334
Veteran Expediter
I also don't get it but that is one point for a lawyer to bring to the judge and he/she can decide.
nightcreacher
Veteran Expediter
you guys didnt read the whole story,they pulled out,didnt know they got hit,but driver of car says the truck hit his car,may be other way around,in any event,paint was found on the trailer that matched the car.If an APB is put out on a hit and run,any cop that is called in can write the citation.
You need to get the best lawyer you can find,as a hit annd run,can cause many things,not only a felony,but jail time,lost of CDL,loss of job.
Main thin I learned over my years dealing with the traffic courts,or any other ciurt,.,only a fool represents himself,and as I stated before,don't count on TVC,they cost me a job once.Was told tickey would get thrown out of court,and didn't.
WITH CSA 2010 YOU REALLY NEED TO STOP THIS BEFORE IT GETS TO COURT
You need to get the best lawyer you can find,as a hit annd run,can cause many things,not only a felony,but jail time,lost of CDL,loss of job.
Main thin I learned over my years dealing with the traffic courts,or any other ciurt,.,only a fool represents himself,and as I stated before,don't count on TVC,they cost me a job once.Was told tickey would get thrown out of court,and didn't.
WITH CSA 2010 YOU REALLY NEED TO STOP THIS BEFORE IT GETS TO COURT
The most important thing you wrote and on which to focus is:
I don't know the penalty for hit and run but if the officer is right, your truck driving career is at stake. Do not discuss your case in public. Clam up now because the other side may use what you say here against you.
Get a lawyer who specializes in truck accidents, not one that specializes in getting you out of tickets. Talk to him or her but not to others in public. It's not about being right or wrong in what you did. All that matters now is what happens in court.
The rules in court are different than they are among friends on EO or among your peers on the road. Get a truck-accident lawyer and follow his or her lead. It's going to cost you a lot of money to defend yourself. If trucking is all you know, it will cost you more to lose your CDL.
I don't know the penalty for hit and run but if the officer is right, your truck driving career is at stake. Do not discuss your case in public. Clam up now because the other side may use what you say here against you.
Get a lawyer who specializes in truck accidents, not one that specializes in getting you out of tickets. Talk to him or her but not to others in public. It's not about being right or wrong in what you did. All that matters now is what happens in court.
The rules in court are different than they are among friends on EO or among your peers on the road. Get a truck-accident lawyer and follow his or her lead. It's going to cost you a lot of money to defend yourself. If trucking is all you know, it will cost you more to lose your CDL.
Dakota
Veteran Expediter
Dakota
Veteran Expediter
I got harrassed by a cop in a small town in Ohio today, he stopped me and told me truck aren't allowed on his street(he actually said his) I stated I was on a residential delivery, didn't seem to phase him. He said he didn't want to see me on his street again geez!!! I hope he orders something and the trucking company refuses to deliver to him due to not being able to drive in his town!!!!
) I stated I was on a residential delivery, didn't seem to phase him. He said he didn't want to see me on his street again geez!!! I hope he orders something and the trucking company refuses to deliver to him due to not being able to drive in his town!!!!Was there more than one ticket/charge?
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nightcreacher
Veteran Expediter
anytime you pay the bond,thats admitting guilt
I would get a lawyer, a copy of the police report, any audio recordings of the radio call or phone calls. There could be a lot more to this situation you may not be aware of, you could be getting the shaft on this one. There should have been an officer from the scene responding to your location with more of the facts then an officer at a inspection station who didn't have all of the facts. Plus if the guy who hit you had enough time to get out of his vehicle and slap your trailer, he could have ran up to the cab knocked on your door or had someone from the scene flag you down. You need to get as much help on this as possible, dont let any of these four wheelers get you into a bind.
EASYTRADER
Expert Expediter
as for the rear end hit and run u are probly not guilty. As there was no intent on yoour part. But you will have to fight it. The DOT officer ****ed u.
However.
having said that you were
speeding and tailgating. Based on your descrition of the accident I would probly fire you.
A car uickly moving out of your lane should never result in a panic stop...
You were too close and moving too fast for conditions.
Incidently the guy who hit
you was also speeding and tailgating.
incidently MOST of u are horrible drivers.
Not getting into accidents doesn't mean ur a good driver it may just mean you are lucky.
Take time to examine your driving habbits. You were lucky you did not kill someone.
Based on cnditions as u described them u should have been about nine seconds behind the vehicle in front of u.
also based on the weather your top speed should have been fifty five. Which prolly means you shouldn't have been in the hammer lane.
I would have loved to be the trooper on that scene
I would have wrte good tickets all around.
Sorry
For your troubles. I have had many near misses and OH Craaaaaaapppppsssss in my driving carreer also which is why I have slowed down.
I maintain nine seconds following distance all the time. Drive no more than fifty five at night.
Better to be cautious than dead.
However.
having said that you were
speeding and tailgating. Based on your descrition of the accident I would probly fire you.
A car uickly moving out of your lane should never result in a panic stop...
You were too close and moving too fast for conditions.
Incidently the guy who hit
you was also speeding and tailgating.
incidently MOST of u are horrible drivers.
Not getting into accidents doesn't mean ur a good driver it may just mean you are lucky.
Take time to examine your driving habbits. You were lucky you did not kill someone.
Based on cnditions as u described them u should have been about nine seconds behind the vehicle in front of u.
also based on the weather your top speed should have been fifty five. Which prolly means you shouldn't have been in the hammer lane.
I would have loved to be the trooper on that scene
I would have wrte good tickets all around.
Sorry
For your troubles. I have had many near misses and OH Craaaaaaapppppsssss in my driving carreer also which is why I have slowed down.
I maintain nine seconds following distance all the time. Drive no more than fifty five at night.
Better to be cautious than dead.