In A Bind As I Am About To Attempt To Start My Career...

Topic 34339 | Page 1

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Maxwell P.'s Comment
member avatar

Hello everyone and thankyou for taking the time to read this.. (NOT ASKING LEGAL ADVICE BTW)

I'm in a bit of a situation here, I recently moved to Georgia to live with my mother while training for my CDL permit, I currently have passed 2 of the tests for said permit but the office I was at ran out of time and needed to close so they ended my general knowledge test early. I can go back in later to finish it though without having to retake my Combination Vehicle or Air Brakes tests.

The bind I am in is I recently got pulled over and issues two citations, one for 49 in a 25, and the other for failure to maintain lane, these are my first citations in 11 years and I only received said citations as I made the decision to pass a passenger truck that had brake checked me multiple times on my motorcycle, almost causing me to rear end him repeatedly. I did the maneuver to pass him on a 2 lane road and was by no means using the "49" alleged speed as a cruising speed on the road, of course an officer saw me do this pass but failed to notice the truck repeatedly brake checking me.. Either way, I explained to said officer what transpired to cause me to do such a thing in which he then proceeded to give me said tickets and also lie on one stating I made a vehicle in the left lane I passed in brake hard but the closest vehicle in that lane when I merged was easily 2 car lengths back so I do not believe the officers testimony against me.

I have yet to have my court date and have REPEATEDLY attempted to contact the solicitor for the county as I do not have the funds to hire a lawyer, but she not only does NOT have a number to contact her through, I went to the courthouse to try and speak with her, and sent NUMEROUS emails so explain the situation and that I never would of made such a move if I wasn't in fear of my safety, I've yet to hear anything back after a week and apparently she is out of the office for the next 6 days.. I am attempting to use the Georgia "First Offense" or "Second Chance Law" (Their one in the same but technically different depending on the offense), or get a deferred sentencing on at least the speeding infraction. I wanted to try and get the situation resolved before the court date as I am TRYING to get my life in gear. Georgia is weird where you do not have a standard DOT but a department called the DDS that handles what you'd typically do for drivers license and such, they also manage the documentation for all citations after you've been marked guilty or no contest.

ALL traffic violations in Georgia are misdemeanors and apparently will give me a criminal record, on top of having it on my driving record for 2 separate moving violations if I cannot plea these citations down. I was originally going to go with Prime but was just informed that I cannot have more than 2 moving violations, which I wouldn't, but that the speeding infraction would have to be AT MOST 19 over where mine is 29 over. (Again, this was simply to pass the truck quickly and efficiently, I was accelerating for less than a block and a half in order to get by them, bikes accelerate QUICK.) I pulled over immediately when I saw the officer, tossed my key on the ground, and complied while explaining why I did what I did only to get slapped with the book even though I could of easily ran and split between cars, not saying I condone that but just saying I COULD of, doing the right thing pays off right......?

Anyways, what I'm asking for after explaining the situation is I need to know what truck companies would be willing to hire someone with a 'record' who only has a permit, Prime said I'd have to wait 3 years before I could start trucking if I couldn't get the speeding ticket down to 19 over, and most every other company I apply with gets ****y with me because I don't have a solid 10 years of employment history, I helped care for family members in North Carolina before moving to GA to be with my mother. I'm just at a loss right now and looking for a little guidance from people that may of already gone through something similar, or may be able to give me insight on some more lenient companies that would train a new driver with their permit but with recent traffic infractions on record.

Thankyou so much in advance, Max.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Combination Vehicle:

A vehicle with two separate parts - the power unit (tractor) and the trailer. Tractor-trailers are considered combination vehicles.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

BK's Comment
member avatar

Hello Max. Those citations will make it extremely difficult for you to enter the profession, especially when there is a surplus of drivers. You might have killed your career before it has started.

Just for what it’s worth, your explanation of the circumstances makes it even worse. If you were driving a truck and getting brake checked you would be expected to drop back and let the other vehicle get far away from you. Passing only made it worse than it had to be. So if you gave that explanation in a job interview they would conclude you had very poor judgement besides the citations.

Also, most companies, to my knowledge, consider 15 MPH+ over as reckless driving, so maybe you can throw yourself at the mercy of the court and hope for a miracle to get that speeding number reduced to less than 15.

I wish I could offer more encouragement to you , but you have put yourself in a very difficult position. Start considering a driving job that only requires a class B license or a box truck delivery job. Do that for 3 years or so until you establish a good record and stable employment history.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Davy A.'s Comment
member avatar

I rode and raced motorcycles for many years, and I've had several high speed tickets on them, allegedly. Explanations are irrelevant. Not saying it to be mean, it's just reality.

One way or another find a way to pay for an attorney. It's that simple. Otherwise you're unhireable. You're not a cdl holder yet, so masking laws aren't applicable.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
PJ's Comment
member avatar

You first stated your not asking for legal advice, but then you outline a legal situation.

I live in GA and we’re not all that weird. I was also a CA cop for 30 years so the entire explanation you laid out doesn’t wash with me, as it didn’t with the officer that stopped you.

If you were behind a truck that brake checked you mutiple times that was the first poor decision. I ride and have for almost 50 years. Any rider knows to back off and get away from the idiots. That is also the way the judge will look at it. You let your emotions dictate your actions and it has ended badly for you.

Many judges in GA travel several counties that is why they are not in that particular court when you want them to be.

Showup in court, plead not guilty speak with a public defender and they will set you up for a court trial.

If that doesn’t get reduced to no more than 14 over the limit your trucking career is over before it starts.

I know my words are not all soft and cuddly, but your actions are not either.

Good luck, your gonna need it.

Maxwell P.'s Comment
member avatar

Hello Max. Those citations will make it extremely difficult for you to enter the profession, especially when there is a surplus of drivers. You might have killed your career before it has started.

Just for what it’s worth, your explanation of the circumstances makes it even worse. If you were driving a truck and getting brake checked you would be expected to drop back and let the other vehicle get far away from you. Passing only made it worse than it had to be. So if you gave that explanation in a job interview they would conclude you had very poor judgement besides the citations.

Also, most companies, to my knowledge, consider 15 MPH+ over as reckless driving, so maybe you can throw yourself at the mercy of the court and hope for a miracle to get that speeding number reduced to less than 15.

I wish I could offer more encouragement to you , but you have put yourself in a very difficult position. Start considering a driving job that only requires a class B license or a box truck delivery job. Do that for 3 years or so until you establish a good record and stable employment history.

For what it's worth I only did that maneuver on a motorcycle because I was on a motorcycle, I would never of attempted such a thing in a large truck, or even in a passenger vehicle. I understand it was not the right call but it's the call I made. I am going to have to go to court it seems since I can't get ahold of the damn solicitor and am going to plead nolo contendere and hope I can get reduced sentencing. Having a clean driving record for 11 years I'm going to be devastated if I cannot start my profession for another 3 years because some dude with a chip on his shoulder decided to try and commit insurance fraud with me.. :/ Prime said it couldn't be anything more than 19 mph over, but I'll try and plead it down to 14 on my court date when I finally get to talk with the solicitor, it absolutely baffles me this government official has no method of contact other than emailing and she never checks her emails.. -_-

Baffle:

A partition or separator within a liquid tank, used to inhibit the flow of fluids within the tank. During acceleration, turning, and braking, a large liquid-filled tank may produce unexpected forces on the vehicle due to the inertia of liquids.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Maxwell P.'s Comment
member avatar

I rode and raced motorcycles for many years, and I've had several high speed tickets on them, allegedly. Explanations are irrelevant. Not saying it to be mean, it's just reality.

One way or another find a way to pay for an attorney. It's that simple. Otherwise you're unhireable. You're not a cdl holder yet, so masking laws aren't applicable.

Sadly a lawyer is simply out of the question for me, I attempted to call over 9 lawyers in not only my local town, but the county in which this incident transpired. They all want 1200+ and I have 349 in my bank account, so I simply cannot do that.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Trucker Kearsey 's Comment
member avatar

In NJ it is actually illegal to speak to the solicitors or prosecutors. Your time for discussion is court or a lawyer. If they told u something, you could claim rhey lied or intimidated you. It is for your protection also. What if they made u a deal you dont understand?

Most companies wont take 15 over. It is reckless driving.

I agree with PJ.... you made a choice. And yet, it is the cops fault or the drivers fault. Question... hpw close were you to the driver? I often brake and slow down when jerks are tailgating me. I hope they will pass.

Maxwell P.'s Comment
member avatar

In NJ it is actually illegal to speak to the solicitors or prosecutors. Your time for discussion is court or a lawyer. If they told u something, you could claim rhey lied or intimidated you. It is for your protection also. What if they made u a deal you dont understand?

Most companies wont take 15 over. It is reckless driving.

I agree with PJ.... you made a choice. And yet, it is the cops fault or the drivers fault. Question... hpw close were you to the driver? I often brake and slow down when jerks are tailgating me. I hope they will pass.

I wasn't tailgating him by any means, it was a 30 mph road that was pulling into a town so I was close but not 'close' if you get what I'm saying, like there is no way he couldn't see the headlight of my bike as I was riding behind him.

BK's Comment
member avatar

Maxwell, you are completely missing the point. Go back and read the replies until you get it.

The other thing is that not all people are well suited to drive an 18 wheel vehicle. You may very well be one of them.

Nick's Comment
member avatar

I have to agree with the other replies here. You made a conscious decision to knowingly break several traffic laws and you got caught. What’s more is you knew that you were trying to get your CDL A license (permit) to start professionally driving. Us CDL holders are held to a very high standard. That’s why we pay all the money and do all the weeks of training.

I hate to say it but you may have ended your career already before it started. Best bet is hope for the best with the courts. See what you can do. Also, as suggested above, maybe look into a CDL B box truck driving job. A local company, maybe privately owned. Just something to gain some experience.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

OWI:

Operating While Intoxicated

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