Issue link: https://read.dmtmag.com/i/605409
determine it was overweight? 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 limit. He would also be trying to show the offi cer was not properly trained on the portable scales. The portable scales were not functioning properly or they were not calibrated timely or accurately. He would also try to show the judge the offi cer always sits there catching trucks for money and not warning them not to cross as a safety precaution. I know, how can the offi cer tell a truck is overweight ONLY AFTER it has crossed the bridge – that is just crazy, right? The attorney would also be discuss- ing the proper posting and weight determination by the state highway department, did they do it right and as prescribed by law? The attorney could also seek the amount of fi nes collected for that bridge and compare that to the total amount of traffi c fi nes collected for the jurisdiction. Remem- ber when the State Supreme Court determined that a few towns had speed traps just to collect money by using their speeding ticket fi nes of out- of-towners verses the amount of fi nes collected from the local drivers. Sometimes when money is short they just seem to fi nd extra money by setting traps for the unwary and settling for the money and putting property and lives at stake for the ex- tra money. If money is not the issue, then they need better signs and lights to warn drivers about the bridge and give them ample opportunity to avoid that bridge, if they really cared about the bridge, property and people. What can you do when this hap- pens to you? First ask yourself if you can make a simple and believable argument of why you had to go over that bridge and hope the judge be- lieves you and dismisses or reduces your fi ne. This is similar to throwing yourself upon the mercy of the court. Second, if you or your lawyer thinks you can disprove any one of the ele- ments of the crime then you should go that route. ◆ Jim C. Klepper is President of Interstate Trucker Ltd., a law fi rm entirely dedicated to legal defense of the nation's commer- cial drivers. Interstate Trucker represents truck drivers throughout the contiguous forty-eight (48) states on both moving and non-moving violations. Jim is also president of Drivers Legal Plan, which al- lows member drivers access to his fi rm's services at greatly discounted rates. Jim, a former prosecutor, is also a registered pharmacist, with considerable experience in alcohol and drug related cases. He is a lawyer that has focused on transportation law and the trucking industry in particular. He works to answer your legal questions about trucking and life over-the-road and has his Commercial Drivers License. 800-333-DRIVE (3748) or www.intersta- tetrucker.com and www.driverslegalplan. com 18 www.studentdriverplacement.com December '15 Trucking Law