Ive bern looking online. I recieved a ticket in California for missing a scale. It was a little pull off portable scale on the side of the road. I did not see the orange flag which indicates that the scale was open. Ive been looking online for zero point and nonreportable violations so that I can go in to court prepared. I know they exist because I had a lawyer take care of a previous ticket. Can anyone help to point meIin the right direction so I can find something to go to court with? I can't afford a lawyer so im fighting this my self.
ca vehicle code 0 point/non reportable violations
Discussion in 'Trucker Legal Advice' started by jdpdt, Oct 14, 2013.
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There was no sign? That's scary!!!
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Well don't look up zero point violations on Google. That's not going to get you anywhere except to a lawyer's website. Look on your ticket or call the number on it and find out what statute you violated, then go look that up in the state code: http://leginfo.legislature.ca.gov/faces/codes.xhtml
Just get the section number and look it up. I'm actually studying law right now. While I'm not giving you legal advice, if you post the section here I'll take a look and see if I can help you make sense of it. Usually with those things there will be specific reasons that could be used to mitigate or dismiss the charge. Sometimes it's easy to see and sometimes it's spelled out in legalese that you might not recognize, but usually there's something there to tell you what recourse you have. -
In Calif you have to call the County Courthouse in which the citation was issued. It usually takes about 10 days to get from the CHP into their system. They can tell you the amount of the fine and what the end result will be. Then check off the box saying you want to contest it. You can then proceed with taking care of it. Many of the violations can be contested in writing by mail, they are reviewed by the court and also require the officer to respond to your argument as well. If the officer does not respond or they accept your excuse then they will find in your favor and drop everything. The only thing is you have to mail in the amount of the fine when you fight it then if they find for you they will refund it in full, no court costs. I have beaten the CHP four times now for overlength violations on local roads they say I can't be on but there are no signs anywhere, only yellow advisories, no black and white restrictions or nothing at all...that got me off every time. I fought them myself with well written letters and photos of the roadway in question. HAving said all that if the officer filled out a roadside inspection form then there may be CSA point involved. Good luck!
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i got a citation for not having my load tarped. when i was hauling dirt. utah law provides exemptions that allowed me to beat the ticket. -
In this case many times in Calif. they will have a little jump scale like this and the road sign will say closed or nothing and then suddenly you see cones but no explanation why they are there. Generally the officer sees you coming and will wave at you to stop. Sounds like this cop was being laxy..........that could be your out right there.........you are an out of state driver, there was no reasonable way to determine the status of the scale allowing you to slow down until you were right up on it. If there was no distinct signage within 500 ft to 1000 ft directing you how to proceed so how are you supposed to know what to do......if the officer didn't wave you in well ahead of you reaching the scale there was no possible way to comply until you were past it. Include a stopping distance/speed calculation and show at the legal speed limit given the lack of prior warning there was no way to slow down in time.
You can send your remittance to Ranger Bob's Legal Service.......comcheck info to follow.......LOL!! -
Jhalbert. Im getting that info today. I have court Monday. I hope that you can assist. Thank you.
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Its vehicle code section 21461 (a) failure to obey posted sign. "All trucks stop at scales ahead" sign
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392.2(c I believe) CSA unsafe driving 5 points(x3)
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jdpdt - what were the facts in the ticket you said your lawyer got reduced before?
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