Issue link: https://read.dmtmag.com/i/683061
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 LEGAL LANE 36 // COMPANY DRIVER // JUNE 2016 you still fi ght it? Yes! You should fi ght ev- ery citation you receive because you never know what the next citation will be and how it will add up with the current citation. The government must prove you violated the law as cited beyond a reasonable doubt. If they can't prove it beyond a reasonable doubt, then you are found not guilty and the citation goes away. This happens when the offi cer fails to appear for trial, or when there are confl icting witnesses, or the evidence the prosecutor of- fers is insuffi cient to prove your guilt. OK, so you decide to fi ght the citation. You are allowed under the US Constitution to de- fend yourself in court and act as your own at- torney. I have seen people defend themselves in court only to be found guilty because they know the facts but not the law. Attorneys spend three years and lots of money going to law school to learn the law. The facts are easy; the law is very complex which is why most people acting as their own attorney end up admitting their guilt to the judge as they tell their story about what happened. Here is an example of an admission against interest (magic words in the law). "Judge I was only going 59 and the offi cer wrote me up for going 65 in a 55." Admission of guilt by stating the facts; the driver just admitted exceeding the 55 MPH speed limit by telling the judge he was only going 59. Should you do decide to fi ght the citation, then you need to hire an attorney that knows and understands trucking law. Trucking law is different from regular traffi c law because the Federal Motor Carrier Safety Association has a whole book of rules and regulations that only apply to the Commercial Driver's Li- cense, trucks and carriers. Here is an example of a local attorney that thought he was doing the driver a favor but in fact made his situation worse. The attorney