Driver went down large street and apparenly missed the "no trucks over 10k" sign. Cop got weight of truck from asphalt load slip and tic says 22k truck plus 8k load= 30k - 10k allowed so 20k over weight. Fine $4200. I want to help fight this tic, $300 ok but $4200 for driving down the wrong street? Any suggestions?:Banghead
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Beating "no trucks" tic
- Thread starter BLconst
- Start date
xcavator120
Well-Known Member
Were you hauling asphalt? The load slip the officer took the weight from, was it current, you just weighed before this incident? If so, I don't see how you can beat it. I'd start by retaining an attorney. What about the sign, is it obstructed or clearly visible? Was this the first time you drove down this street, or perhaps had been using it as a shortcut, and the officer may have seen you before?
My suspicion is that when the officer stopped you, he asked if you weighed, and if you had your scale ticket. You were honest and provided him with your scale ticket. If you didn't have a scale ticket, or had not weighed, he probably would have escorted you to a scale or called a portable scale to weigh you. A real good and expensive attorney might be able to find a loophole there.
From a couple of decades experience as a cop... trying to fight a ticket is fine. They don't mind if you retain the best attorney. Why? Because it will cost as much if not more to try and defeat a good, solid ticket. I've had guys spend up to 4x more than the fine on an attorney, and still lost. The fine amount was reduced, but did he really save anything? There is no such thing as an attorney working for free, ie pro-bono. They're in it for the big bucks.
I don't know what California law is, but it looks like it's going to be a costly oops.
My suspicion is that when the officer stopped you, he asked if you weighed, and if you had your scale ticket. You were honest and provided him with your scale ticket. If you didn't have a scale ticket, or had not weighed, he probably would have escorted you to a scale or called a portable scale to weigh you. A real good and expensive attorney might be able to find a loophole there.
From a couple of decades experience as a cop... trying to fight a ticket is fine. They don't mind if you retain the best attorney. Why? Because it will cost as much if not more to try and defeat a good, solid ticket. I've had guys spend up to 4x more than the fine on an attorney, and still lost. The fine amount was reduced, but did he really save anything? There is no such thing as an attorney working for free, ie pro-bono. They're in it for the big bucks.
I don't know what California law is, but it looks like it's going to be a costly oops.
amunderdog
Senior Member
If there was no other route available then you win.
I got pulled one time in some hick burg.
I could see destination from where i was pulled over.
Was on the route my company planed.
I asked officer attuide if there was another road to destination.
Uh well no, this is the only road in.
Well then how do you suggest i get there if i do not travel your signed low weight road.
Um well.............
He went back to town for more donuts.
Anyway
Hope you get thru this ok.
I got pulled one time in some hick burg.
I could see destination from where i was pulled over.
Was on the route my company planed.
I asked officer attuide if there was another road to destination.
Uh well no, this is the only road in.
Well then how do you suggest i get there if i do not travel your signed low weight road.
Um well.............
He went back to town for more donuts.
Anyway
Hope you get thru this ok.
good luck with the ticket
we were hauling dirt years ago and got kicked off a city street, because they didn't have a permit to haul ,,,, they went to city hall, got a permit for the next street over.. they couldn't get one for the original because they had been caught already. They usually get permits, but didn't because it was about a days work.. I don't know if they even still require them any more here.
One time we hauled about 50 bellydump loads of dirt to the wrong place. It was ROFL Funny.... Boss write school name on board... then said it was behind school, and etc.... Also don't get stuck, nothing there yet to push or pull. Well about noon the boss is setting at the school....
He had wrote the school name that he had attended, not the one that the dirt was suppose to go to.
we were hauling dirt years ago and got kicked off a city street, because they didn't have a permit to haul ,,,, they went to city hall, got a permit for the next street over.. they couldn't get one for the original because they had been caught already. They usually get permits, but didn't because it was about a days work.. I don't know if they even still require them any more here.
One time we hauled about 50 bellydump loads of dirt to the wrong place. It was ROFL Funny.... Boss write school name on board... then said it was behind school, and etc.... Also don't get stuck, nothing there yet to push or pull. Well about noon the boss is setting at the school....
He had wrote the school name that he had attended, not the one that the dirt was suppose to go to.
-NICK-
Well-Known Member
What vehicle code did your driver get cited for?What city?
Raildudes dad
Senior Member
Here in Michigan that wording is used for a "truck route" ordinance. It prohibits trucks over 10,000 lbs from using the street / road as a through route. The ticket is $130. It is not used as an axle loading ordinance. I'd check what the actual ordinance says and what penalty is specified.
It won't hurt to ask for informal hearing. I got a ticket for "rolling" a stop sign. The small town cop was looking for DUI's late at night and it was a BS ticket. Before the informal hearing, he asked me if I wanted to plead guilty to a speeding ticket. Long story short, I plead guilty to a 1-5 over on the freeway $105 but no points. My other choice was 1-5 over on a city street $75 2 points. Both were better than $90 and 3 points for "disregarding a stop signal".
My daughter who was in the car with me and went to court with me as a witness was very impressed with the justice system
It won't hurt to ask for informal hearing. I got a ticket for "rolling" a stop sign. The small town cop was looking for DUI's late at night and it was a BS ticket. Before the informal hearing, he asked me if I wanted to plead guilty to a speeding ticket. Long story short, I plead guilty to a 1-5 over on the freeway $105 but no points. My other choice was 1-5 over on a city street $75 2 points. Both were better than $90 and 3 points for "disregarding a stop signal".
My daughter who was in the car with me and went to court with me as a witness was very impressed with the justice system
here's part of the article
"You went to a great expense to install signs that say ‘no through truck traffic’," he said. "I guarantee you I set there and watch these trucks go up and down these roads day and night. I'd like to see it enforced and this stopped."
He said since the signs were put up, the only trucks he has seen stop using that road was Walmart.
He also was concerned about the wear and tear on the road, for which his taxes help pay.
Sheriff also addressed the issue.
"I'll agree with Larry," he said. "I can tell you it slowed down for a while and it's picked back up."
Part of the problem is the wording on the signs.
"It's too general," The Sheriff said. "We can't write it. The way it is now we would have to write everyone (a ticket) including the Mary Kay lady."
The sheriff's office has talked with county engineer, about it.
"The signage needs to be changed before we can enforce it,"
they are waiting on feedback from the Department of Transportation and county attorney on what it needs to say. They had modeled theirs after other counties.
Commissioner suggested they just put in a call to those companies whose drivers are using the street to make them aware they should not be doing it.
Commissioner agreed this would be a good immediate attempt to fix the problem.
Murphy said they could, but the problem also lies in what they are going to prosecute.
They will work on making the calls and continue to look at the wording for the signs.
"You went to a great expense to install signs that say ‘no through truck traffic’," he said. "I guarantee you I set there and watch these trucks go up and down these roads day and night. I'd like to see it enforced and this stopped."
He said since the signs were put up, the only trucks he has seen stop using that road was Walmart.
He also was concerned about the wear and tear on the road, for which his taxes help pay.
Sheriff also addressed the issue.
"I'll agree with Larry," he said. "I can tell you it slowed down for a while and it's picked back up."
Part of the problem is the wording on the signs.
"It's too general," The Sheriff said. "We can't write it. The way it is now we would have to write everyone (a ticket) including the Mary Kay lady."
The sheriff's office has talked with county engineer, about it.
"The signage needs to be changed before we can enforce it,"
they are waiting on feedback from the Department of Transportation and county attorney on what it needs to say. They had modeled theirs after other counties.
Commissioner suggested they just put in a call to those companies whose drivers are using the street to make them aware they should not be doing it.
Commissioner agreed this would be a good immediate attempt to fix the problem.
Murphy said they could, but the problem also lies in what they are going to prosecute.
They will work on making the calls and continue to look at the wording for the signs.