My truck driver husband was just arrested by POE in Idaho.... PLEASE READ!

Hey y''all.... Troy went to court... it was the arraignment hearing.

The PA offered:
90 days in jail
1000.00 fine
1 year probation
and 60 days Community Service

Can you believe this shit? He plead NOT GUILTY so its going to trial. I am recommending a jury trial.

We held off on actually hiring an attorney, but now we got one. Rumored to be one of the best in the area for this type of law. :) When I get the full name from my husband, I will post it.

Not only are we going to fight the charges, we are also filing a suit against the PD for wrongful arrest, and civil suit against the state for losses, pain and suffering.

Hell hath no fury than a woman protecting her husband!

I will give another update when we get the consult done and let you know what the attorney feels the outcome will be.

Stay tuned

<3 Chellepoo
 
I recently got a nice overweight fine in AZ with no chance of making it right. I forgot to slide my tandems apart and I would have been fine. Went to court and managed to get it dropped from $2600 to $1400. Honestly, after reading your story things may not have escalated if no one "bucked up" to the officer. Why he asked him to close the curtain, I don't understand unless he wanted to look at the logs as if he were looking at them in his patrol car without you there. I drive team and have been pulled over on the side of the road. The trooper will sometimes take both drivers' logs back to his patrol car and check to make sure they match up. I always treat a LEO proffessionaly and have been treated respectfully back. If they tell you to do something wether you think it is righ or not, do it. You can follow up later on if you feel you were wrongly prosecuted. Verbally refusing an officer's command after a warning or so will usually result like your husband's situation. Like I said, we can argue later on if his command was lawful or not if we have to, if you receive a citation or arrest. If he doesn't do anything, then great, go on your way and mark it down as an unpleasant experience.
Regarding suing the LEO, typically they and the state are immune. Just try to get the charges plead down or dismissed. Hopefully your fine won't be as much.

The logs are all 100% computerized. The only way to view a paper log is to have a printout sent from the corporate office. The attorney we got seems to think that we have a good case for a civil suit. The losses to us keep piling up the more this goes on. Its just crazy, and if everyone sat back and took it and just moved on as an "unpleasant experience" then nothing changes and truckers will continue to be harrassed for meaningless things. Not something my husband nor I think is the right thing to do. There is a deffinate need for action.
 
So glad your keeping us updated....Are they FREAKING NUT'S with what they offered him?....Glad your gonna fight, fight fight...Best of luck to both of you....
 
Hey y''all.... Troy went to court... it was the arraignment hearing.

The PA offered:
90 days in jail
1000.00 fine
1 year probation
and 60 days Community Service

Can you believe this shit? He plead NOT GUILTY so its going to trial. I am recommending a jury trial.

We held off on actually hiring an attorney, but now we got one. Rumored to be one of the best in the area for this type of law. :) When I get the full name from my husband, I will post it.

Not only are we going to fight the charges, we are also filing a suit against the PD for wrongful arrest, and civil suit against the state for losses, pain and suffering.

Hell hath no fury than a woman protecting her husband!

I will give another update when we get the consult done and let you know what the attorney feels the outcome will be.

Stay tuned

<3 Chellepoo

Good for u if more would fight these dirtbag cops thered be less worthless pricks on our hwys
Posted via Mobile Device
 
Pre-Trial is in February.... paid for the lawyer. :) Nothing more to update yet. Will do as soon as we find out what will be the plan.

Thanks everyone
Chelle
 
Where it's at

For what it's worth, the Westbound scale on I-90 in Idaho is about half way through the state, around milepost 29 or 30, just before you start up the East side of Fourth of July Pass. I isn't really a full time scale, just a pull off area where they set up portable scales. I have been by there a lot of times (maybe a hundred) at all hours of the day and night and have never seen scales set up there. They have signs on the approach but no shack.

What a fluke that they were running scales that particular day.

Maybe your husband should be playing the lottery.
 
If it is that rest stop just east of the Idaho line in Montana and the guy was a curly haired sgt, the guy is a d!ck, I had a new military tanker hauling it to Oregon and I had my transport tag displayed in the placard holder at the rear of the trailer and so did my buddy, well we cross the scales being empty we were expecting the green light, he got it and started to drive out as I cross the scale, red light, was told to pull over and bring everything in, my buddy saw me pull into a spot so he stopped also, and while he was waiting, the sgt. went out and got him, started chewing out both our hides for having something in the haz-mat placard spot, no problem we will move them, he checked both our log books, I mean checked with calculator, computer and the whole nine yards, I had been waiting up the road at the Pilot (about 70 miles) for him to catch up to me, I admit I fudged the log a bit so we could run a ways together, I was one half hour off , He put my log down in front of me and pointed out what was wrong and asked me if I wanted to fix it, so like an idiot, I drew a line, he promptly gave me a $370 ticket for falsifying a log book and put me out of service for 24 hours, I was not thinking very nice things about that guy by the time I left the scale house.
 
I remember that pass, Look Out pass, aptly named, especially in the winter with a darn ice fog ( the scale is east of there on the Montana side of the line) been a couple years since I have been through there, the scale has not been open for me since but I still keep that gestapo sgt in mind every time I get near that place
 
What Luck!

Well it had to happen. Yesterday I was on my way back to the Seattle area and had just cleared Lookout pass. Going past Wallace, ID I set the cruise at my usual speed limit plus 4 putting me at 69 miles an hour. This has always worked pretty well for me and the troopers are always passing me at these speeds. As I was approaching the area where I believe Chellepoo's husband was arrested I check my mirrors and guess who? Yep, you guessed it, Idaho's finest and the blue light special.

And I had just been thinking about the story of her husband and the problems that started for him last summer. What a coincidence!

So I pull off and stop and this guy walks up and greets me (they sure are trying to be nice these days aren't they?) and then he asks "Do you know why I pulled you over today?" Even though I am inclined to smart ass comments and my first thought is "Yeah, I'm a mind reader like Kreskin, and I know exactly why you stopped me!", I know the best way to play these things out is to just be nice and say "No sir, I sure do not". Never heavy with the "sir" business but use it just enough to show sincere respect.

So I do and he says "Well a ways back I saw you and you were going about 73 and by the time I got turned around and started coming after you I was up to 95. But I'm not going to write you a ticket for it though".

So my next inclination is to say "I don't give a rip how fast you think you had to drive to run me down, that is your choice", but I just shrug and tell him "I had my cruise set at 'around 66, 67' so the truck might have crept up a bit going down the hill back by the Mission". He mentions again that I won't be getting a ticket today and says that "I notice you have a new set of drivers and I have seen where that can sometimes cause speedometers to read low".

Great. Not only have I drawn a generous and sympathetic cop, he also thinks he has some mechanical inclination. Yes he is right that larger diameter tires will turn fewer times per mile resulting in lower speedometer readings.

I am not going to try and debate this with him, that's for sure.

He asks for all the usual paperwork, and immediately notices something and asks me for my diabetes waiver. "My what?" I ask. "I need to see your diabetes waiver. You have to take insulin, don't you?" "No sir, I don't have to take insulin" I said, "diabetes doesn't run in my family". "Your medical card has this box checked" he says, pointing to the last line that says I am qualified per 49 CFR 391.64 "and I see this a lot where doctors don't read the regs and check this box by mistake. You'll have to go to your doctor and get this fixed".

When I am handing over my log book I mention to him I am using software on a laptop so the current day won't be in there. "O.K." he says, "but you have today's log active and current?" "Why of course Officer", I say pointing to the laptop waiting patiently on the Jotto Desk near the dashboard. He asks if he can climb up on the step and have a look and I say "Yes sir, please do". "Boy that sure does make things a whole lot easier and neater" he says. "Um, yes sir, sure, you bet", I say.

"Well I'm not going to write you a ticket today" he says, and off to his cruiser he goes with all of the papers and books and all.

Shortly he returns and starts handing me stuff back in what appeared to be a preplanned order.

First he hands me the 2 page printout of 391.64 Grandfathering for certain drivers participating in vision and diabetes waiver study programs. "I took the liberty of printing this out so you can discuss this with your doctor", he says.

Next he gives me the bill of lading.

Then I get the registration.

Then my license.

Then my medical card.

Then my log book. "That looks real good, I didn't find anything out of place", he says. Of course not. I am a professional.

Then he hands me 2 pieces of paper that look to me to be a ticket and a copy of the ticket. "I thought you weren't writing me a ticket today?" I asked. "I didn't" he says, "but you need to sign one of these and have your boss sign it and then mail it to this address" he points to the paper. So I say "If you aren't giving me a ticket then how come it is being documented?" He points out that "You don't have to pay a fine and there will not be any points against your record"

"But I still have to tell my boss" I said.

"Well you shouldn't speed" he says, "Have a nice day."

He got back in his cruiser and drove off and I continued on my way to the wet side of the nation.

I should have asked him to give me a file cabinet for all the paper he gave me.
 
What? You didn't get a ticket...and still have to report this to your company? That just doesn't make any sense. What do you think they are trying to do with this?


Well it had to happen. Yesterday I was on my way back to the Seattle area and had just cleared Lookout pass. Going past Wallace, ID I set the cruise at my usual speed limit plus 4 putting me at 69 miles an hour. This has always worked pretty well for me and the troopers are always passing me at these speeds. As I was approaching the area where I believe Chellepoo's husband was arrested I check my mirrors and guess who? Yep, you guessed it, Idaho's finest and the blue light special.

And I had just been thinking about the story of her husband and the problems that started for him last summer. What a coincidence!

So I pull off and stop and this guy walks up and greets me (they sure are trying to be nice these days aren't they?) and then he asks "Do you know why I pulled you over today?" Even though I am inclined to smart ass comments and my first thought is "Yeah, I'm a mind reader like Kreskin, and I know exactly why you stopped me!", I know the best way to play these things out is to just be nice and say "No sir, I sure do not". Never heavy with the "sir" business but use it just enough to show sincere respect.

So I do and he says "Well a ways back I saw you and you were going about 73 and by the time I got turned around and started coming after you I was up to 95. But I'm not going to write you a ticket for it though".

So my next inclination is to say "I don't give a rip how fast you think you had to drive to run me down, that is your choice", but I just shrug and tell him "I had my cruise set at 'around 66, 67' so the truck might have crept up a bit going down the hill back by the Mission". He mentions again that I won't be getting a ticket today and says that "I notice you have a new set of drivers and I have seen where that can sometimes cause speedometers to read low".

Great. Not only have I drawn a generous and sympathetic cop, he also thinks he has some mechanical inclination. Yes he is right that larger diameter tires will turn fewer times per mile resulting in lower speedometer readings.

I am not going to try and debate this with him, that's for sure.

He asks for all the usual paperwork, and immediately notices something and asks me for my diabetes waiver. "My what?" I ask. "I need to see your diabetes waiver. You have to take insulin, don't you?" "No sir, I don't have to take insulin" I said, "diabetes doesn't run in my family". "Your medical card has this box checked" he says, pointing to the last line that says I am qualified per 49 CFR 391.64 "and I see this a lot where doctors don't read the regs and check this box by mistake. You'll have to go to your doctor and get this fixed".

When I am handing over my log book I mention to him I am using software on a laptop so the current day won't be in there. "O.K." he says, "but you have today's log active and current?" "Why of course Officer", I say pointing to the laptop waiting patiently on the Jotto Desk near the dashboard. He asks if he can climb up on the step and have a look and I say "Yes sir, please do". "Boy that sure does make things a whole lot easier and neater" he says. "Um, yes sir, sure, you bet", I say.

"Well I'm not going to write you a ticket today" he says, and off to his cruiser he goes with all of the papers and books and all.

Shortly he returns and starts handing me stuff back in what appeared to be a preplanned order.

First he hands me the 2 page printout of 391.64 Grandfathering for certain drivers participating in vision and diabetes waiver study programs. "I took the liberty of printing this out so you can discuss this with your doctor", he says.

Next he gives me the bill of lading.

Then I get the registration.

Then my license.

Then my medical card.

Then my log book. "That looks real good, I didn't find anything out of place", he says. Of course not. I am a professional.

Then he hands me 2 pieces of paper that look to me to be a ticket and a copy of the ticket. "I thought you weren't writing me a ticket today?" I asked. "I didn't" he says, "but you need to sign one of these and have your boss sign it and then mail it to this address" he points to the paper. So I say "If you aren't giving me a ticket then how come it is being documented?" He points out that "You don't have to pay a fine and there will not be any points against your record"

"But I still have to tell my boss" I said.

"Well you shouldn't speed" he says, "Have a nice day."

He got back in his cruiser and drove off and I continued on my way to the wet side of the nation.

I should have asked him to give me a file cabinet for all the paper he gave me.
 
Oh yeah, my boss would be signing it and sending it back all right.
Funny, our signatures look alike.........
 
What? You didn't get a ticket...and still have to report this to your company? That just doesn't make any sense. What do you think they are trying to do with this?

I think it is part of the new rules, the CSA 2010. Even if it isn't, they still document this stuff. You may not get a ticket but you get a piece of paper, you give it to your safety manager, he reviews it with you and at least in my case then there is a "documented oral warning" so that if the DOT comes in and asks "Did you review this with your employee?" the employer can say "Why yes, we did, and here is the paperwork to prove it".

Oh yeah, my boss would be signing it and sending it back all right.
Funny, our signatures look alike.........

That wouldn't get very far if and when the DOT comes in and wants to see the files. Better to take your lumps up front than be found out after the fact and possibly lose your job.

Either way, it's all over now, just got done with the review with my safety manager and I will just move forward and try to work extra hard at not getting pulled over again.
 
Well I am glad that all you got was a warning... these guys aren't the best of officers from what I have heard... many stories on the road and online of "happenings" that just didn't sound right.

Good luck to you in your travels! :)

We are waiting for pretrial on February 17th.

IF by chance something doesn't go the way we think it should, Im going to the news with this.

Take care all... will update again if anything changes.

Chellepoo
 
This is the kind of crap my ol man tells me about all the time. You could be fine with one DOT officer and then 20 miles down the road pull you over and site you for something so ridiculous that would make the pope laugh. I would definitely look into getting an attorney for this. I would talk to his boss or someone at the company he drives for. Im sure they know someone that specializes in this kind of thing. And Stay Strong...I know how hard it is for the wifeys left behind at home and feeling like the hands are tied...and not for a good reason;)
 
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