Overdrive

January 2017

Overdrive Magazine | Trucking Business News & Owner Operator Info

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26 | Overdrive | January 2017 FIGHTING TICKETS the blind curve. "What if somebody then rear-ended me?" he said. "I would have given them a ticket," the officer said. After the officer's long search through the rulebook, Buchs was ticketed for not obeying a traffic-control device. The ticket was a threat to Buchs' fairly young contract with Landstar. At that time, he says, "if we blew a scale on pur- pose and got a ticket, it was grounds for canceling our contract." "Owner-operators have a really vested interest in maintaining a clean MVR," says Brad Klepper of the Oklahoma- based Klepper Law Firm, founded in part by his father in the early 1990s. The firm, with its Drivers Legal Plan service (DriversLegalPlan.com), has become national and is dedicated to represent- ing truckers, maintaining and consulting a database of cases from nearly every jurisdiction in the country. DLP's service is a legal retainer, essen- tially, for which member drivers pay $150 annually (or $80 for six months), many by a weekly settlement deduction of $2.98, Klepper says. Membership means flat fees of $250 for handling any accident case. The vast majority of what DLP does for members is representing drivers on tickets for a flat $100 fee. Another renowned service, Road Law (RoadLaw.net), comes with a $100 annu- al retainer fee and its own set of charges for cases as they arise. Oklahoma-based owner-operator Daniel Stearns first came to DLP after being dissatisfied with a more pricey legal referral service. About seven years ago, when a motorist pulled in front of Stearns and he ended up "pushing them down the highway sideways," he knew he needed help. He felt the case was the work of a scam artist. The motorist seemed less upset by the accident than Stearns, for one thing. Also, after the car had come to rest on the right edge of the divided highway, the motorist got out, looked around, "then got back in and drove it into the median to make it look like he ended up there," Stearns says. The officer on the scene showed no interest in listening to Stearns' side of the story, nor that of a witness who backed up Stearns' version. Though Stearns wasn't a DLP mem- ber at the time, he contacted them, and they handled the case. Klepper and company today handle nonmember cases via their Interstate Trucker LTD affiliate (InterstateTrucker.com), where fees are negotiated in advance of the case. Stearns' case cost $600, and he never had to appear in court or handle much in the way of legwork. That wasn't the case when he previ- ously had attempted to represent him- self in Shamrock, Texas. "It was over a The way Illinois-based owner-operator Gary Buchs found a lawyer to represent him in an unfamiliar area was simple. His choice was based on little more than intuition after scanning local ads for traffic-ticket specialists in the jurisdic- tion where his ticket was written. Using a referral service operated by a state, county or city bar association also may yield good results. Membership in a state or local bar typically means the attorney is licensed to practice there. The website of the Tennessee Bar Association refers those looking for legal representation to one of three regional hotlines, while the State Bar of Texas offers an online lookup service by legal areas of specialization, including traffic tickets. Most every state and many local jurisdictions have something similar. Visit the state websites listed below for more information, or search more local jurisdictions online. Legal fees often are negotiable upfront and may come at flat rates. In addition to potentially removing the citation from your record, legal representation often can save you from having to make an ap- pearance on an inconvenient date. RESOURCES: FINDING LEGAL REPRESENTATION STATE BAR ASSOCIATIONS Alabama, AlaBar.org Alaska, AlaskaBar.org Arizona, AZBar.org Arkansas, ArkBar.org California, CalBar.ca.gov Colorado, COBar.org Connecticut, CTBar.org Delaware, Dsba.org Florida, FloridaBar.org Georgia, GABar.org Idaho, isb.Idaho.gov Illinois, Isba.org Indiana, INbar.org Iowa, IowaBar.org Kansas, KSBar.org Kentucky, KYBar.org Louisiana, Lsba.org Maine, MaineBar.org Maryland, Msba.org Massachusetts, MassBar.org Michigan, MichBar.org Minnesota, MNBar.org Mississippi, MSBar.org Missouri, MOBar.org Montana, MontanaBar.org Nebraska, NEBar.com Nevada, NVBar.org New Hampshire, NHBar.org New Jersey, NJsba.com New Mexico, NMBar.org New York, NYsba.org North Carolina, NCBar.org North Dakota, SbaND.org Ohio, OhioBar.org Oklahoma, OKBar.org Oregon, OsBar.org Pennsylvania, PABar.org Rhode Island, RIBar.com South Carolina, SCBar.org South Dakota, StateBarofSouthDakota.com Tennessee, Tba.org Texas, TexasBar.com Utah, UtahBar.org Vermont, VTBar.org Virginia, Vba.org Washington, Wsba.org West Virginia, WVBar.org Wisconsin, WisBar.org Wyoming, WyomingBar.org

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