Issue link: https://read.dmtmag.com/i/605409
T I C K E T S NO MEMBERSHIP FEES NO MONTHLY DUES MOVING AND NON-MOVING 844-784-6384 INTERSTATE TRUCKER LTD. © www.interstatetrucker.com Follow us on if you were a trainee and your trainer told you to go over the bridge, or as a driver and the company told you to go over the bridge. You could allege mistake as in you had the bill of lading showing your weight was legal or you actually had weighed the vehicle and 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 defense 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 Negating Defense which attempts to remove or disprove one of the ele- ments 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 visible 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 posted bridge limit and if so who said it did and how did they December '15 www.studentdriverplacement.com 1 7