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  1. #1
    Join Date
    Aug 2012
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    Default Speeding Ticket Issued for Commercial Vehicle with Speed Limiter

    My question involves a traffic ticket from the state of:Oregon
    I am a CDL driver that drives a dump truck for a living. I recently got a speeding ticket for going 72 in a 60. On the ticket the officer checked the boxes for radar and pace, but here is my issue...my truck has a speed limiter that prevents it from going faster than 65 mph. If I bring something from my boss's certified mechanic stating that the truck has a speed limiter on it would it do me any good, and if yes, what form should it be in... statement, affidavit, etc, or would he have to appear in court with me?

  2. #2
    Join Date
    Oct 2016
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    Default Re: Speeding Ticket Issued for Commercial Vehicle with Speed Limiter

    Something from your boss or his mechanic isn't going to help much. Testimony from the mechanic, given under oath in court that the limiter was installed and working properly at the time might help.

    But I notice that you haven't mentioned if you were actually driving 72 MPH at the time you got the ticket.

  3. #3
    Join Date
    Sep 2010
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    19,478

    Default Re: Speeding Ticket Issued for Commercial Vehicle with Speed Limiter

    A speed limiter doesn't guarantee you weren't exceeding the fixed speed. All they do is cut back the engine as it approaches the set speed. It doesn't mean the truck can't accelerate beyond that (for instance, when going downhill).

  4. #4
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    Aug 2012
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    9

    Default Re: Speeding Ticket Issued for Commercial Vehicle with Speed Limiter

    No, I most definitely was not driving 72 mph! What I find most annoying about the whole thing is that I had just gotten on the freeway with a fully loaded dump truck and saw the police officer getting back in his car and another car pulled over, like maybe he had just finished giving someone else a ticket...? He pulled me over less than a half a mile from the on ramp, so even if the speed limiter was not working properly it would be physically impossible to get a fully loaded (14 yards!) dump truck up to 72 mph in such a short distance! I'm not sure if he actually had radar or if someone near me was the one going 72 mph, but it most definitely was not me! And as far as paced goes,...is it possible to pace someone in less than a mile if their stopped when you pass them? So basically what you are saying is that I would be better off if the mechanic was willing to go to court with me rather than a letter from him, and the fact that there is a speed limiter installed doesn't make that much difference, correct? What about how short a distance it was from the on ramp to where he pulled me over? There is no way I would have been able to get that fully loaded truck up to 72 mph in the distance of a half a mile! I mean, i'm not saying the cop was lying, but something is definitely not right with that picture.

  5. #5
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    Oct 2016
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    Default Re: Speeding Ticket Issued for Commercial Vehicle with Speed Limiter

    As mentioned the letter isn't going to help at all.

    I tend to agree that it would be unusual to be able to get your average, loaded dump truck up to 72 in that short a distance.

    We have some members here that have some knowledge of speeding ticket defense. One should show up sooner or later.

  6. #6

    Default Re: Speeding Ticket Issued for Commercial Vehicle with Speed Limiter

    Yes, having the mechanic testify live will likely be helpful to your defense, and to get his information in you really do need to have him there.

    The other points you raise -- the distance between the ramp and where you got stopped, the fact that the truck was fully loaded at the relevant time, etc. -- are all also parts of your defense. In addition to your statement that you weren't in fact going as fast as what was claimed.

    There's no way to predict how a particular judge will rule, but assuming everything you've said is accurate it seems like you have a decent defense to the charge and it would be worth your time to contest it.

  7. #7
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    Aug 2012
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    Default Re: Speeding Ticket Issued for Commercial Vehicle with Speed Limiter

    I spoke to the mechanic yesterday and unfortunately he said he won't be able to come to court with me...am I dead in the water...? Any suggestions?

  8. #8
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    Oct 2016
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    Default Re: Speeding Ticket Issued for Commercial Vehicle with Speed Limiter

    Go in and state your case to the judge. Your two points are

    1. You simply could not have made it to that speed in that loaded truck in that amount of time.
    2. And (assuming you were on flat ground) the speed limiter wouldn't have allowed it even if #1 wasn't true.

  9. #9
    Join Date
    Aug 2012
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    9

    Default Re: Speeding Ticket Issued for Commercial Vehicle with Speed Limiter

    So are you saying that some sort of letter from the mechanic would be a total waste of time? It surely can't hurt my defense, and seeing as he is unable to make it, I can't see it making things worse...? If I were to ask him to put something in writing, what form should it be...affidavit, statement/letter, etc., and what should it include? Whom he is, qualifications, how he is knowledgeable to make statements regarding this particular truck, etc. What else should be included...should it be notarized? At this point, any enlightenments would be greatly appreciated.

  10. #10
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    Oct 2016
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    Default Re: Speeding Ticket Issued for Commercial Vehicle with Speed Limiter

    A letter can't be cross-examined. The court can't ask what qualifications the writer has.

    And, as has been mentioned, the limiter doesn't really limit the speed the truck can go.

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