Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: https://read.dmtmag.com/i/769491
January 2017 | Overdrive | 29 LEARN MORE AND FIND A LOCAL DISTRIBUTOR AT MINIMIZER.COM OR 800-248-3855 MINIMIZER POLY PRODUCTS • TESTED AND TORTURED TM • DAILY BY TRUCKERS FOR TRUCKERS TESTED AND TORTURED TIRE BENCH TOOL BOXES FENDERS TOOL BENCH TIRE MASK Times change. So should you. NAILED IT NICE TRY Basic seat with standard suspension Minimizer seat with Long Haul suspension #RespectTheDriver Untitled-1 1 12/9/16 10:11 AM represent the company at a district court proceeding [as a] person with knowledge or background" on the subject without being a lawyer. He's won all seven cases in which he's done so for the company. For drivers representing themselves, he says, "you can handle it on your own," but be sure you have a case first. "It's all in knowing the laws and regulations, and how to apply them." Also go well-dressed and well-prepared, Blair advises. "Be nice, be respectful mak- ing your point. If you're comfortable doing that, I think there's no reason the person can't do it. But there are some, maybe they have stage fright times 10. Or it could be something more significant like a fatal crash or another significant reason to have a lawyer there, as opposed to a small violation." As for Buchs and his ticket for bypass- ing the Illinois scale, given the distance of the jurisdiction from his home, he found a local Iroquois County traffic court lawyer who agreed to represent him for a flat $475 fee. The lawyer made doubly sure Buchs himself was sure he wanted to fight it, because his first thought about the case when Buchs laid it out for him was that "we never win anything out there" at the scale. But Buchs did his research and, work- ing with the lawyer, located the state police and DOT safety policy in such off-ramp backup situations. The policy stipulated that stopping in the roadway was the wrong move. After the hearing, Buchs' lawyer called him to recount what happened. "I just threw the question out there 'What is the policy for safety in this situation?' " the lawyer said. The judge tilted his head and looked at the prosecutor, as Buchs tells it. "And the prosecutor says, 'We drop the charges.' " If you know you're in the right, then persistence and research with a little legal help and evidence could pay dividends. — Matt Cole contributed to this story. Daniel Stearns: What he believes was an accident scam put him in need of legal help.