Basic Speed Law Ticket

**Tanker866** · 12-16-2006, 11:55 AM

I was driving my company semi-truck. It had an 80yd roll off box that is strapped down. I had been through numerous more severe curves and turns on my way south. When I came to an exit I slowed for it like I always do, I felt something snap or give and the load shifted the wheels went off the ground when I looked out right mirrors, looked back nothing I could do truck went over on it's side. I told officers I was doing 60 on the highway and that I had slowed down enough for the curve but was not sure of my exact speed, I told them the something gave and the load shifted.. I was taken to the hospital. The accident happened 11-27-06. New owners took over the company on 12-01-06. I told the company the next day that either a spring broke on the right side or the straps snapped. Anyway I got a BSL ticket. I saw the trailer, the back two right side straps hooks are broke. Company won't let me take pictures for court, however wife was there and saw the straps. I have been driving truck for 20 years without an accident. Do I have a chance in heck to get rid of this ticket???

**seniorjudge** · 12-16-2006, 12:03 PM

Talk to the prosecutor the first time you go to court.

Maybe they can do some kind of diversion.

You need to protect that CDL.

It certainly wouldn't hurt you to hire a lawyer.

**Tanker866** · 12-16-2006, 12:04 PM

BTW I am in Michigan. 95.00 and 2 points.. Out on comp. and have no idea whether I will have a job when I go back.

I have an informal hearing on the 3rd of January.

**aaron** · 12-16-2006, 12:51 PM

You can do the informal hearing and see what happens; however, there won't be a prosecutor present, so you won't have a chance to negotiate with a prosecutor. You can appeal the outcome of the informal hearing, assuming you are convicted of the traffic violation. Given that you have a strong interest in protecting your CDL I would urge you to consult a local lawyer who handles traffic court matters in advance of the hearing date.

**Tanker866** · 01-31-2007, 01:40 PM

Well I went down for the informal, the cop pulled me aside and we spoke he said he would drop the points, but the accident would still show on my record and I pay the 95.00 for faulty equipment ticket.

Turns out the straps were severely under-rated for the load. Talked to a lawyer he said as long as workers comp. is paying for my injuries, that under the no fault law because the company owned the truck and they loaded it I have no recourse. I find that hard to believe, is that true?

**Tanker866** · 01-31-2007, 01:41 PM

P.S. 99.9% sure they are planning on firing me when I come back.. Heck they already asked for me to turn in my uniforms and phone.

**aaron** · 01-31-2007, 02:04 PM

In Michigan, in simple terms, worker's compensation pays first, then First Party No Fault. In most circumstances, after you receive your comp benefits there is nothing more which would be covered by First Party No Fault. I can provide the more complex details, if you wish.