My Railroad Crossing Violation - DISMISSED!

Long post incoming. You've been warned.

Back on November 10th I was involved in my first incident and given my first citation in two years driving a CMV , and 13 years of driving a car. I created a post about it in hopes of helping others learn from my misfortune but quickly realized that discussing an ongoing legal issue in a public forum was NOT smart. Brett was nice enough to delete it for me even though it was full of great information. I was coming back from my route from Kansas City and called dispatch to see if they needed me to pick up a load from another subsidiary of our grocery chain in town. The only reason I was on the road my incident happened is i had safety in mind, which seems ironic. The fastest way back to our yard is jumping on the interstate but I choose not to do that as it's a cloverleaf ramp that immediately climbs a decent hill. I've done it that way and end up struggling to hit 35 in a 60 mph zone until I get on top of the hill. The way I take back is only 7 miles and has a set of railroad tracks you cross. That is where this incident happened roughly 3 miles from our terminal.

I was doing the speed limit of 45 and had taken my eye off the road for literally a second to make sure my drink was back in the cupholder after taking a drink. I looked away as the railroad crossing lights began to flash. I looked up and saw they were flashing and immediately tried to brake, but that was the wrong thing to do.

I began speeding up again once I realized I wouldn't stop in time and since the roadway was clear, I proceeded toward the center of the road thinking it would give me the most clearance if the arms should begin coming down. That's exactly what happened. I cleared the gate on my side of the road but caught the opposing gate arm on the rear of my trailer. Thankfully there was no damage to my truck or trailer. The only damage to the gate arm was a light I knocked loose and it was dangling.

This was my first time dealing with any incident and I recall always being told if you're in an accident call the police department. I was near the border of Des Moines and Ankeny but did not know which city I was in so I called the Sheriff's office as their HQ is 2 miles away. The deputy responded within 10 minutes and took the usual information down and told me dispatch had called Union Pacific when I called and they're about 10 minutes out.

After running my license and everything else she needed, she came back to the truck and asked what I did that led to this. She said the RR crossing is timed to avoid this type of accident. I told her exactly as I said above.

Then Union Pacific showed up. He took one look at it and told her it's not a big deal, just a 2-minute fix and he won't file a claim. The deputy was unsure how to move forward with this report so she called one of her superiors who told her no need for an accident report, just fill out an incident report.

I was issued a citation for "failure to stop RR crossing/certain cargo pass vehicles". When she gave me the ticket to sign she was apologetic for needing to do it, and the guy from the RR was pleading with her not to. He felt strongly that I did the right thing by calling it in. Instead of ticketing me he said they need to spend more time going after people driving around the arms when they're down or people smashing through them and not calling the railroad.

The deputy told us that because she had started the citation before he showed up to assess the damage it couldn't be undone. She included his name and his statement about not filing a claim in the report. He became more upset when the deputy told me the total cost of the fine including the surcharges was $335. He reiterated that this ticket will do more harm than good. It will result in fewer people taking responsibility if they're going to be out that much money.

The deputy told me a few times that she couldn't tell me whether to fight it or pay it, but because I was honest with her things would be ok even though it doesn't seem so now. If I wanted to fight it she would see me in court on the date and time on the citation.

Even though it was my first time I felt something was off as if she was trying to hint that she felt it would be difficult to find me guilty. After I signed my ticket she said "next time don't call us just call the railroad so you can avoid a ticket."

I thanked her for taking the time to come out and being patient with me because it was my first time ever dealing with law enforcement. I also thanked the guy from Union Pacific and apologized for creating more work for him.

Even though I wasn't happy about receiving the ticket I took responsibility for my actions, maintained professionalism, and treated both people with respect. In return, I was treated the same way. When I returned to work I filled out an internal incident report and slipped it under the door of our safety director.

It was Sunday and he wasn't there, so I followed up at 8 am Monday with a call. I told him I was going to fight the ticket and he told me it was a good idea because that charge also comes with a 60-day minimum CDL Suspension.

Continued........

I went into full out research mode, trying to find some sort loop hole, looking at my states CDL manual to get total stopping distance and how long it takes to stop. I drove my wife absolutely crazy with how much time I spent googling. The biggest thing I found was the offense I was cited for was incorrect. That particular charge was if you're hazmat or bus and are required to stop at all crossings regardless if train is there but fail to do so. I thought my case was guaranteed to be tossed as I don't have either endorsement, we dont haul any hazmat, and the deputy never looked at my paperwork saying what I had on my trailer. I contemplated fighting it on my own but decided it'd be best I hire an attorney who is familiar with the laws and processes. I had a phone consult with one guy, he was going to charge me $600 which could go up if it went to trial. I didn't get that great of a vibe from him but he did give me excellent information. In Iowa, the supreme court ruled that any moving offense can no longer be reduced to a non moving violation such as improper equipment like they used to do. The FMCSA also prohibits that and will not allow CDL holders to get a deferred adjudication or traffic school. You're either guilty or not guilty of the charge. I asked him what the time table is for the state to change what my charge is. Some states allow them to change the citation up until the first witness is called but Iowa will allow them to change it while I'm testifying. Either the prosecutor or judge can change it. That had me even more concerned, ANY railroad crossing violation comes with a mandatory 60 day minimum CDL suspension for your first offense.. These include: --Failing to have enough space to drive completely through the crossing without stopping. --Failing to obey a traffic control device or the directions of an enforcement officer at the crossing. --Failing to cross the tracks because of insufficient undercarriage clearance.

Drivers who aren't always required to stop:

--Failing to slow down and check that the tracks are clear of an approaching train. --Failing to stop before reaching the crossing, if the tracks aren't clear. --Drivers who are always required to stop: --Failing to stop before driving onto the crossing.

I set up another consult with a different attorney. She was a former prosecutor of traffic tickets in our county for 22 years. I had a much better feeling with her and hired her on the spot. She charges $600 flat fee for traffic tickets and she said they have contemplated not doing them anymore because they dont make as much money on them. We went over the evidence I'd gathered on my own and she seemed confident we could get it tossed but wanted to be sure I understood the outcome could be the same as if I dont hire her. I could spend $600 for her to represent me and be found guilty and lose my CDL for 60 days and still need to pay the $335 fine. I explained with my livelihood on the line I have no other choice. It was a little disheartening to hear her say that it's often easier to get murderers or DUI cases dismissed because the law is laid out much clearer for those offenses than traffic tickets and there are more technicalities that cause dismissal. I asked her if in her experience clerical errors (wrong color vehicle for example) are enough to get it tossed and was told typically it's not but with my ticket there were 5 or 6 errors. Usually 1 or 2 will be overlooked but judges feel disrespected to be asked to oversee a trial with sloppy police work. The errors included wrong color truck (we only have black, it was listed as brown), hazmat and passenger endorsement req? Was left blank despite being cited as a driver with it, CDL Req? Said no, and the time was off by about an hour. In the previous thread some people chimed in if the officer doesnt show up it automatically gets dismissed. In Iowa the officer is issued a subpoena and is required to attend. They will schedule a months worth of their trials on the same day. If the officer is sick, on vacation or gets tied up in other police duties it gets rescheduled. If the officer doesnt show up they will be reprimanded by their superiors and possibly have a bench warrant and be held in contempt of court. This is iowa specific your state likely varies. 5 business days after the incident I stopped by the sheriff office HQ to get a copy of the incident report so I knew how best to proceed with fighting this ticket.In her report it said " I responded to (location) on report of a semi that caused damage to a railroad arm. The semi driver/offender Robert Txxxx was on scene and stated I looked down to set pop down and when I looked up the lights were flashing. He tried to stop but realized he wouldn't stop in time without stopping on tracks. Roadway was clear so he moved to the center of the roadway but the arm made contact with truck. No damage to semi. Damage to southbound arm. Red circular light dangling from contact. Union Pacific notified via dispatch and is en route. Robert issued a citation. Tom xxxxxx of Union Pacific arrived and stated I wont need an incident report, I'll screw it back on and we'll call it good." Was it smart for me to admit I took my eye off the road? Probably not but I was nervous and felt being honest would help me avoid a citation.

Continued.....

After talking to a couple different attorneys they seem to think that our local authorities are following a national trend regarding CMV drivers. It seems any time an officer is called out to an incident involving a CMV you will be given a ticket. I think this deputy did end up cutting me a break by intentionally citing me wrong given how the entire interaction went with her. We're supposed to be professionals and are held to a higher standard. My initial court date was Dec 10th which I did not need to be present for. My attorney E-filed a not guilty plea on the 5th for me and a trial date was set for January 10th. I was a little disappointed that it was taking so long to resolve. A trial date set 2 months after the violation felt like eternity. In my household I'm the only one who works and we have 3 young kids to take care of. Thankfully my CDL didnt get suspended until CONVICTION of a RR violation. The stress I was under was making me miserable. It was difficult to tune out the legal trouble with so much time behind the wheel but that's what I needed to do. My biggest hope was with that being my only trouble with the law it demonstrates I'm a safe driver and made an honest mistake. Having another accident would hurt my image. I made it clear to my attorney in our original consult the problem this violation would have on my career. My company was supportive but what happens if I lose my job or want to go elsewhere? I'd have a difficult time finding something else with a recent suspension and that ticket that is classified as reckless driving. Our license is our livelihood. You must protect it all costs. Great news came on Dec 16th! I received a text "the state has agreed to dismiss the charges if you agree to pay the court costs. I recommend you take the deal." I called her back and said YES!!! I also mentioned to her that we had agreed I'd pay her $600 but they only took $400 and that I owe her another $200. She told me that with all the evidence I dug up on my own, taking a picture of the damage, and getting the most understanding prosecutor in our county she was confident it would be dismissed and wouldn't feel right overcharging me. The citation has court costs listed as $60 so my total all in $460 plus far too much stress. I would have paid less upfront to just pay the citation but after you factor in lost wages, insurance increases and the negative impact it would have on my career it's the best $460 I've ever spent. I'll be checking the court system website twice a day until its updated so I can pay the court cost. Attorney told me if i receive anything from the DOT or it shows up on my record contact her and she'll file paperwork and appear on my behalf free of charge to prove its dismissed or get it expunged. I talked to our safety director and he was ecstatic that it was dismissed. Any RR violation is 5 CSA points.

Even though this was highly stressful I'm grateful it happened because it will make me a safer driver. One minute I'm listening to the chiefs football game and take a drink of pop (or soda) and the next I'm wondering if my career is over. Things happen very fast out here.

What I learned - the biggest takeaways I have from this is how getting complacent can be dangerous. The roadway I was on I've driven dozens of times, not much traffic and close to the terminal. I admit, I did not slow down like I'm supposed to. The crossing is pretty crappy and you cant see down the track until you're nearly on top of it. I'm writing this on notepad on my phone so I dont accidentally lose it so I'll add pictures after I'm all done. When I looked up and seen the lights flashing my first instinct was to try to stop. Had I just continued without braking I likely would've avoided this entire incident. I would've been able to judge that better had I not taken my attention off the road for a split second. According to government documents I found regarding that crossing over 25% of traffic is trucks. It seems they need to give more time before gate arms come down if a driver misjudging by 1 or 2 seconds could cause such issues.

I want to thank everybody for helping me not become too discouraged about it, it helped me more than you'll ever know. I learned alot from all of you with your past experiences whether it was your own incidents or former careers, hopefully my incident can be a reminder to you of how fast your career can be gone.

I'll get pictures posted tomorrow. Thank you!

TOTALLY AWESOME NEWS ROB!

Congratulations!

Those are great take-aways Rob!

There's nothing like a "wake-up" call to get our attention and make us focus. Congratulations!

That’s great to hear (read), Rob; I’m happy for you that it ended well in your favor.

Great news and great learning experience. Until your initial post, I did not realize that RR crossing violations were treated as serious traffic violations just like reckless driving.

The only other thing that I would add, and I may be unpopular with most on this forum, is think about what you say to LEO. I'd like PJ's opinion on this as well.

Even though it was my first time I felt something was off as if she was trying to hint that she felt it would be difficult to find me guilty. After I signed my ticket she said "next time don't call us just call the railroad so you can avoid a ticket."

I agree with being honest, but at the same time you don't have to volunteer information and maybe put LEO in a position where they have no choice but to write a ticket. This deputy clearly did not want to write this ticket.

And to be clear, I am not faulting Rob T. for anything he did.

Rather being honest does not mean you have to say everything you know or think. For example, if you think you wife has a fat $$s, you don't have to tell her. And you're not being dishonest because you don't tell her.

Same thing with LEO. You can be respectful and cooperative with LEO without volunteering information.

Again, really glad things worked out Rob T.

Rob D wrote :

I did not realize that RR crossing violations were treated as serious traffic violations just like reckless driving.

I didn't either, I understand the seriousness of what could happen by disobeying signals (like that train derailment in colorado) but I didnt know the penalties were so stiff. If convicted of any of the RR grade crossings your CDL is suspended for a minimum of : 60 days first offense, 120 days for 2nd, 1 year for every additional in a rolling 3 year period. I'm actually surprised the one I was issued relating to hazmat or buses didnt carry stiffer penalties than the others. If you come to a stop on the tracks Federal civil penalties of up to $2,750 for drivers and up to $11,000 for employers who allow or require drivers to operate CMVs onto a rail crossing without having enough room to clear the tracks completely without stopping.

I agree with being honest, but at the same time you don't have to volunteer information and maybe put LEO in a position where they have no choice but to write a ticket. This deputy clearly did not want to write this ticket.

that's what most people I talked about it with agreed on, including someone higher up in my company. A very wise man told me it's their job to prove I'm guilty. They have the same burden of proof as if I was being charged with murder. My job is to defend myself against their accusations or prove why they're wrong. If anybody has a similar thing happen, there is always a sign with a number to call with the crossing identity. It could be on a small shed or the steel that holds the gate arm. If an officer happens to stop and see what you're doing you aren't required to admit that you did anything.

I just want to emphasize that I do not have hazmat or passenger endorsements and my company has never hauled that freight. We haul only food products. Not having those endorsements made it even easier to see I did not commit the violation that I was cited for. Since I was cited I've crossed many tracks. At every one I've slowed to where I'd be able to ensure I can stop until I can see down the track to see that it's clear, something i should have been doing in the first place and honestly forgot. I've kicked myself in the butt because when I took my CDL test at the DMV as we pulled back in the examiner told me "pretend this speed bump is a non hazmat RR crossing, what do you do?" I remember telling I would slow down, turn radio down, windows down to listen and look both ways to be sure no train is present . Clearly I wasnt thinking about that on this day.