Issue link: https://read.dmtmag.com/i/322764
T I C K E T S NO MEMBERSHIP FEES NO MONTHLY DUES MOVING AND NON-MOVING 800-333-DRIVE INTERSTATE TRUCKER LTD. © www.interstatetrucker.com Follow us on June '14 www.studentdriverplacement.com 2 1 had a scale ticket showing a legal weight so you thought it was legal to go over the bridge. However, since you are a truck driver I would suggest you refrain from pleading a mental illness or intoxication for your defense of your vehicle being overweight. But with any affi rmative de- fense you must fi rst admit the crime then use the defense as an excuse why you should not be punished. The other type of defense is the Ne- gating Defense which attempts to re- move or disprove one of the elements of the crime. Let's use your overweight as an example and, depending upon the jurisdiction, the usual general elements of the crime. One, your vehicle weighs more than the permitted weight for that bridge; two, the weight limit for the bridge was posted and able to be seen upon approach to the bridge; three, you were on a public road; and four, you crossed the bridge. Without getting into who posts the weights and signs, was there a sign vis- ible to you upon your approach? Could you read it, meaning was it obscured by a tree or fog or a parked vehicle? Were you on a public road and not a private road? Did you cross the bridge? Did your vehicle weigh more than the post- ed bridge limit and if so who said it did and how did they determine it was over- weight? This is where your attorney would be showing photographs to the judge of the bridge and signs trying to show you were not properly notifi ed of the weight Trucking Law trucking law 0614.indd 2 5/20/14 10:31 AM