DRIVER EXAMINATION REPORT VIOLATION QUESTION
Just looking for a little advice from anybody that has experienced a similar situation with themselves or one of their drivers.
I had a driver recently get pulled over by a Highway Patrol Trooper. My driver's version of the story is that the officer approached the truck and told him he "thought" he was traveling 6-10 mph over the speed limit. The Trooper informed him that he wasn't going to give him a ticket or a warning but that he was going to perform an inspection on him. The trooper proceeded with a level III driver only inspection and according to the report did not find any additional violations. The only thing that he did find my driver in violation of was traveling 6-10 mph over the speed limit. However he did not give my driver a ticket or warning nor was there a citation number included in the report.
Based on my driver's account of the situation (assuming he was telling me the truth) and the examination report I felt like there wasn't really any proof that a speeding violation actually occured. There was no citation or warning that accompanied the report (which I would think you would need as proof that a speeding violation actually occurred) and according to my driver he wasn't informed that he was observed on radar or clocked going over the speed limit.
I respectfully submitted a DataQs challenge to the responsible agency explaining my view on the situation (similar to what I mentioned above) thinking that I probably had a good chance of getting the violation removed. However this is how things turned out: First I was told that if I had evidence that the violation did not occur I should submit it to the system for review. I'm not sure what evidence a person could have that proves they weren't speeding, but all I could do is reiterate my driver's side of the story and my knowledge of the situation. I was also informed that it is at the troopers discretion whether or not to issue a citation or warning in that situation and as a result it may or may not be associated with the report. In my response to the agency, I thanked them for their discretion not to issue my driver a citation, but I also reiterated that without a citation or warning I didn't see how there was any actual proof that a violation of that type acutally occured and that if they had some sort of record or recording from a radar gun I'd be glad to accept the violation and move on, because as it stood it just seemed like the violation was just based on the trooper's word or thought that my driver was speeding. In the final response from the agency they informed me that the Trooper did in fact stop my driver after clocking him on a Radar gun going 6 mph over the speed limit and after the examination was completed he let my driver go without a citation.
My dillema and question is do you think that I should try and fight this further (is there anything I can do) or should I just be glad that my driver did not get a ticket? I don't want to force the issue too much but it just doesn't seem that there enough actual evidence that a speeding violation occured.
The other thing that happened with this report, which isn't really related to the violation, is that somehow a lot of the information entered on the report was wrong. The carrier name was wrong (believe the shipper's name was put in there), which of course didn't match my DOT number, and the shipper's information was wrong. In one of the responses from the agency, I was asked to expain why this was. To me I didn't think that was my problem, isn't the trooper responsible for filling out the report correctly? Or is it possible my driver did something wrong here?
I had a driver recently get pulled over by a Highway Patrol Trooper. My driver's version of the story is that the officer approached the truck and told him he "thought" he was traveling 6-10 mph over the speed limit. The Trooper informed him that he wasn't going to give him a ticket or a warning but that he was going to perform an inspection on him. The trooper proceeded with a level III driver only inspection and according to the report did not find any additional violations. The only thing that he did find my driver in violation of was traveling 6-10 mph over the speed limit. However he did not give my driver a ticket or warning nor was there a citation number included in the report.
Based on my driver's account of the situation (assuming he was telling me the truth) and the examination report I felt like there wasn't really any proof that a speeding violation actually occured. There was no citation or warning that accompanied the report (which I would think you would need as proof that a speeding violation actually occurred) and according to my driver he wasn't informed that he was observed on radar or clocked going over the speed limit.
I respectfully submitted a DataQs challenge to the responsible agency explaining my view on the situation (similar to what I mentioned above) thinking that I probably had a good chance of getting the violation removed. However this is how things turned out: First I was told that if I had evidence that the violation did not occur I should submit it to the system for review. I'm not sure what evidence a person could have that proves they weren't speeding, but all I could do is reiterate my driver's side of the story and my knowledge of the situation. I was also informed that it is at the troopers discretion whether or not to issue a citation or warning in that situation and as a result it may or may not be associated with the report. In my response to the agency, I thanked them for their discretion not to issue my driver a citation, but I also reiterated that without a citation or warning I didn't see how there was any actual proof that a violation of that type acutally occured and that if they had some sort of record or recording from a radar gun I'd be glad to accept the violation and move on, because as it stood it just seemed like the violation was just based on the trooper's word or thought that my driver was speeding. In the final response from the agency they informed me that the Trooper did in fact stop my driver after clocking him on a Radar gun going 6 mph over the speed limit and after the examination was completed he let my driver go without a citation.
My dillema and question is do you think that I should try and fight this further (is there anything I can do) or should I just be glad that my driver did not get a ticket? I don't want to force the issue too much but it just doesn't seem that there enough actual evidence that a speeding violation occured.
The other thing that happened with this report, which isn't really related to the violation, is that somehow a lot of the information entered on the report was wrong. The carrier name was wrong (believe the shipper's name was put in there), which of course didn't match my DOT number, and the shipper's information was wrong. In one of the responses from the agency, I was asked to expain why this was. To me I didn't think that was my problem, isn't the trooper responsible for filling out the report correctly? Or is it possible my driver did something wrong here?