Take the "5" south to Tracy. Be there by 8:00 AM. Cross over the 120 back to 99 to make Modesto by 1:00 PM. Phones ringing. People calling. "Can you be here?" "Can you be there?" Miles, fuel, food, maps, directions...A typical afternoon of Day-hauling in Northern California?
No. A typical day for Truckerdefense Attorneys. YES: WE DRIVE TOO. ALL DAY, EVERYDAY, FOR YOU, THE COMMERICIAL DRIVER.
Thousands of miles a month. Hotels. Fastfood. Start in the dark of morning and finish in the dark of night. Familiar?
Where you work is where we work. So, please don't wait on your issues. Calling your Truckerdefense Attorney the day BEFORE your Court Date is like you being dispatched from Seattle to L.A. "Can you be there in the morning?" Not likely.
When you get that CDL Citation, jump on it. Make your call for help early. That lets your Truckerdefense Attorney advise you, extend your due date, get you on the court calendar, avoid Collections, avoid Warrants and so on.
This is very important to you, the Commercial Driver, when you have more than One ticket. Yes, drivers do have bad streaks with Two, Three, Nine citations at one time! (Have seen NINE at one time) The sooner your Truckerdefense Attorney knows, the easier it is to "Spread out" those court dates and make all those court appearances for you.
Remember, California Courts will require the "Bail" paid to the Court first to set the Traffic Trial. You can't be late on that. If your Paycheck is late you scream at someone right? Well, the Court wants it's "Pay" too and they use "Warrants" and "Collections agencies" when they don't get it on time. That makes extra work and appearances for your Truckerdefense Attorney. That leads to Civil Assessment Fees, License Holds and Suspensions for you too.
With the help of your Truckerdefense Attorney, you can find out the Bail amount and start getting it together. Some of our courts give as much as 90 days to extend a case. Most average 30 days. So waiting to the last day or week just makes it harder on you and your finances. Use the time effectively. We tell our kids to get their big school projects done early and not wait until the night before its due right?
So what's the point of this? The point is that your Truckerdefense Attorney needs time to give you the best advice and to help you avoid the pitfalls of Suspensions, Warrants, Collections etc. Because, like YOU, WE are on the "Road" everyday for dozens of Commerical Drivers up and down the State. So start to get a handle on those CDL tickets WHEN you get them, not long AFTER you get them. Like you, we need to schedule our Routes to get to all our Pickups (Courts).
And WHEN you get CDL Citations in California call your TRUCKERDEFENSE Traffic Attorneys at Truckerdefense.com. 916-670-0930 559-334-8908. TRUCKERDEFENSE and the Seymour Law Group are always the lowest per case fees and go to the most locations.
Check out our Billboard in Madera and our signs, cards, pens, magnets placed throughout California Truck Stops and Routes. Look for us in 10-4 Magazine and on the Internet and Twitter.
More to follow: Next time we will discuss Fees and Retainers.
Sunday, October 24, 2010
Wednesday, September 15, 2010
Creativity in the Courtroom
Joe Trucker says, "I heard that if you say this in Traffic Court then the Judge will let you off."
The Internet says, "If you just BUY this script and demand this and that in Court then the Judge will let you off."
Both have some merit at sometime in some Traffic Courts with some Judges. "On Any Given Sunday" right? When all the "Planets and Stars Align" right?. "Once in a Blue Moon" etc.
And yes, even Attorneys can go to the "Well once too often" with a particular tactic that works most of the time in most courts with most judges.
Judges get tired of the same excuses, wordplay, and misinterpretations of law as anyone who has to hear them all day would. So that tactic, strategy, or trick becomes the Hammer with which the judge now beats us about the head and torso with in a metophorically-judicial way.
Simply put: The Judge is tired of it and it no longer works for anyone in that court.
But of our three champions of Trucker Justice, the individual (Joe Trucker), the all knowing (Internet), and the professional (Attorney), one has the advantage YOU-The Driver with the BIG FAT Ticket will need: That aforementioned "Well" to go to.
Only the Attorney can draw from the Well effectively for you in Traffic Court.
Joe Driver tries his one Urban Legend (Lately it has been that Officers are "Required" to allow 10MPH Over the limit before citing---NOT!).
The Internet has generic gimmickery and cannot practice law or go to court for you.
But the professional Trucker-CDL Defense Attorneys at the Seymour Law Group and Truckerdefense.com keep up on what is working and what in longer working in the Traffic Courts. They are prepared to adapt the negotiations and find new ways to stave off those point carrying charges.
Today, for example in a San Joaquin court, the judge decided that she thought it somewhat unfair that CDL drivers have no Traffic School. But she was sick and tired of a particularly useful amendment (No point) vehicle code. She just wasn't going to have it used on her anymore.
YES there was a solution to this Attorney and Driver's plight. YES that driver achieved a favorable resolution. But "How" is a Trade Secret. That will be used in that court with that judge until she is sick and tired of it too. The cycle continues.
Don't go it alone with no Well to draw from. Don't go with the script that keeps you from the Well. Call the guys with their hands on the rope that brings that bucket of knowledge from the Well of Traffic Law. Call the Seymour Law Group at 916-670-0930
or www.truckerdefense.com
The Internet says, "If you just BUY this script and demand this and that in Court then the Judge will let you off."
Both have some merit at sometime in some Traffic Courts with some Judges. "On Any Given Sunday" right? When all the "Planets and Stars Align" right?. "Once in a Blue Moon" etc.
And yes, even Attorneys can go to the "Well once too often" with a particular tactic that works most of the time in most courts with most judges.
Judges get tired of the same excuses, wordplay, and misinterpretations of law as anyone who has to hear them all day would. So that tactic, strategy, or trick becomes the Hammer with which the judge now beats us about the head and torso with in a metophorically-judicial way.
Simply put: The Judge is tired of it and it no longer works for anyone in that court.
But of our three champions of Trucker Justice, the individual (Joe Trucker), the all knowing (Internet), and the professional (Attorney), one has the advantage YOU-The Driver with the BIG FAT Ticket will need: That aforementioned "Well" to go to.
Only the Attorney can draw from the Well effectively for you in Traffic Court.
Joe Driver tries his one Urban Legend (Lately it has been that Officers are "Required" to allow 10MPH Over the limit before citing---NOT!).
The Internet has generic gimmickery and cannot practice law or go to court for you.
But the professional Trucker-CDL Defense Attorneys at the Seymour Law Group and Truckerdefense.com keep up on what is working and what in longer working in the Traffic Courts. They are prepared to adapt the negotiations and find new ways to stave off those point carrying charges.
Today, for example in a San Joaquin court, the judge decided that she thought it somewhat unfair that CDL drivers have no Traffic School. But she was sick and tired of a particularly useful amendment (No point) vehicle code. She just wasn't going to have it used on her anymore.
YES there was a solution to this Attorney and Driver's plight. YES that driver achieved a favorable resolution. But "How" is a Trade Secret. That will be used in that court with that judge until she is sick and tired of it too. The cycle continues.
Don't go it alone with no Well to draw from. Don't go with the script that keeps you from the Well. Call the guys with their hands on the rope that brings that bucket of knowledge from the Well of Traffic Law. Call the Seymour Law Group at 916-670-0930
or www.truckerdefense.com
Tuesday, March 9, 2010
Client Satisfaction Survey-Sort of...
While traveling Interstate 5 this past week, I stopped in one of my usual spots. The Joe's Plaza in Westley. It's always crowded with trucks. Whenever I am there I paper the place pretty good with magnet-cards, business cards, and postcards.
The Driver's Lounge is the best spot to leave my literature. Yes, our competition also posts their ads in the form of pre-printed envelopes for drivers to "Send in" their money and their tickets for legal assistance. Not a bad method I guess. Let's follow the directions:
Place Money in Envelope.
Place Ticket in Envelope.
Call Office in Three (3) Days.
Got it! Now wait for the Magic to happen? It says 9 out of 10 tickets are "Won" this way. Pretty good odds unless I'm the Tenth Envelope of the day. So that means I lost? But what about those (3) days I have to wait to call about my problem? That's "Business days" right? But I work/drive everyday. My "Business days?" Or theirs? If this was my Last Day on the ticket then what? Surely the Magic Envelope knows what I need and when I need it.
Yes, I am being sarcastic and even caustic about this system. That's not fair though since I have never tried it myself. It may work from time to time. Money+Ticket+Magic=Ticket Gone?
Businesses rely on Feedback (Positive or Negative) to structure their operations. So, to get to the point. I see this box of Magic Envelopes in the Lounge on top of the Change Machine where it always is (Golden Rule: Don't move/remove other companies' ads. Not cool). I notice that someone has written, in large blue ink, the word, "RATERA." Now I no habla to any great extent but the look of the word itself made it obvious that Ratera was NOT a Positive Feedback.
A quick check of the telephone translator explained it right away: Ratera means Thief or Little Thief, someone who has cheated you etc...WOW! This person took the time to make a statement on his/her lack of customer satisfaction. That's powerful stuff. He/she didn't vandalize that box or throw it out. Time and thought was taken to tell both that company and other potential customers that the service advertised or provided did not satisfy that customer AND that customer felt he/she was "Cheated" by the Magic Envelope.
I re-stocked that area of the Lounge with my Postcards, business cards, and ink pens careful to not disturb the Magic box of my competitor and it's new slogan "Ratera" for all to see (Golden Rule!).
Call us 916 670 0930, we will answer. Look us up at www.truckerdefense.com. Find us on Twitter at truckerdefense. Same-day, honest answers with your attorney, no Magic, no envelopes.
The Driver's Lounge is the best spot to leave my literature. Yes, our competition also posts their ads in the form of pre-printed envelopes for drivers to "Send in" their money and their tickets for legal assistance. Not a bad method I guess. Let's follow the directions:
Place Money in Envelope.
Place Ticket in Envelope.
Call Office in Three (3) Days.
Got it! Now wait for the Magic to happen? It says 9 out of 10 tickets are "Won" this way. Pretty good odds unless I'm the Tenth Envelope of the day. So that means I lost? But what about those (3) days I have to wait to call about my problem? That's "Business days" right? But I work/drive everyday. My "Business days?" Or theirs? If this was my Last Day on the ticket then what? Surely the Magic Envelope knows what I need and when I need it.
Yes, I am being sarcastic and even caustic about this system. That's not fair though since I have never tried it myself. It may work from time to time. Money+Ticket+Magic=Ticket Gone?
Businesses rely on Feedback (Positive or Negative) to structure their operations. So, to get to the point. I see this box of Magic Envelopes in the Lounge on top of the Change Machine where it always is (Golden Rule: Don't move/remove other companies' ads. Not cool). I notice that someone has written, in large blue ink, the word, "RATERA." Now I no habla to any great extent but the look of the word itself made it obvious that Ratera was NOT a Positive Feedback.
A quick check of the telephone translator explained it right away: Ratera means Thief or Little Thief, someone who has cheated you etc...WOW! This person took the time to make a statement on his/her lack of customer satisfaction. That's powerful stuff. He/she didn't vandalize that box or throw it out. Time and thought was taken to tell both that company and other potential customers that the service advertised or provided did not satisfy that customer AND that customer felt he/she was "Cheated" by the Magic Envelope.
I re-stocked that area of the Lounge with my Postcards, business cards, and ink pens careful to not disturb the Magic box of my competitor and it's new slogan "Ratera" for all to see (Golden Rule!).
Call us 916 670 0930, we will answer. Look us up at www.truckerdefense.com. Find us on Twitter at truckerdefense. Same-day, honest answers with your attorney, no Magic, no envelopes.
Friday, February 26, 2010
SIGN of the Times/Victory Defined
This posting is less of a editorial and more of a Thank You our growing client list. A very important factor in that growth has been our Billboard located on s/b Hwy 99 in Madera, Ca. Drivers have noticed and calls come in each week.
So, how did we do for our clients this past week you ask (ASK)? I will tell you:
2 wins in Marina, Ca. 1 win in San Francisco, Ca.
Misd red light reduced from $5,000 (Yes $5k!) to a $127 infraction.
9 separate cases received Amended charge(s) to No Point violations.
1 case that the driver "Took care of" himself and lost was reopened and amended to No Points.
A DMV Suspension was reversed.
This brag-list brings up the second half of the story: Victory Defined
Some of the signs and ads I see say "95% Victory rate!" or "9 out of 10 cases won!" even words like "Guarantee" and "Dismissal" are thrown out there. A certain somewhat bitter ad attempts to down play those boastful claims with their own cynical view that "Fine reductions don't count as wins!"
So what is a WIN in this business? Its certainly subjective and definitely biased towards the Pre-paid legal company or law firm. That's business, its not lying, its just structured in the most positive light.
Each driver may have different issues at play in his/her case. A driver that is hurting for money could see a fine reduction as a victory. A driver facing suspension may think paying a huge fine with few or no points is a victory.
Knowing the driver's needs and tailoring the defense to those needs is what we do at Truckerdefense.com. The other guys in this game are more or less just part of a Ticket-mill process in which you are not informed, given a high fee, given false expectations, and, when you lose, told that you are in a Legal Crap-shoot that they can't control.
Yes the Legal Crap-shoot part can be true in many jurisdictions. The game can be rigged against you. At Truckerdefense.com we "Shave" the dice and find ways to be effective to the driver's particular needs to Save his License and his Job (Sounds like a familiar theme hmm?).
We do the research and put up the best possible scenario for success be it by fine or points. No you can't win them all. That only happens when the legal representative decides what Victory to him/her/them is defined as. Victory to them can often be just whether your check cleared!
At Truckerdefense.com YOU help define what Victory is for YOU the driver. We will do our utmost to get you a Realistic and Honest defense to keep you on the road. Always feel free to call the other guys. Performance and Price will bring you to Truckerdefense.com and bring you back again.
So, how did we do for our clients this past week you ask (ASK)? I will tell you:
2 wins in Marina, Ca. 1 win in San Francisco, Ca.
Misd red light reduced from $5,000 (Yes $5k!) to a $127 infraction.
9 separate cases received Amended charge(s) to No Point violations.
1 case that the driver "Took care of" himself and lost was reopened and amended to No Points.
A DMV Suspension was reversed.
This brag-list brings up the second half of the story: Victory Defined
Some of the signs and ads I see say "95% Victory rate!" or "9 out of 10 cases won!" even words like "Guarantee" and "Dismissal" are thrown out there. A certain somewhat bitter ad attempts to down play those boastful claims with their own cynical view that "Fine reductions don't count as wins!"
So what is a WIN in this business? Its certainly subjective and definitely biased towards the Pre-paid legal company or law firm. That's business, its not lying, its just structured in the most positive light.
Each driver may have different issues at play in his/her case. A driver that is hurting for money could see a fine reduction as a victory. A driver facing suspension may think paying a huge fine with few or no points is a victory.
Knowing the driver's needs and tailoring the defense to those needs is what we do at Truckerdefense.com. The other guys in this game are more or less just part of a Ticket-mill process in which you are not informed, given a high fee, given false expectations, and, when you lose, told that you are in a Legal Crap-shoot that they can't control.
Yes the Legal Crap-shoot part can be true in many jurisdictions. The game can be rigged against you. At Truckerdefense.com we "Shave" the dice and find ways to be effective to the driver's particular needs to Save his License and his Job (Sounds like a familiar theme hmm?).
We do the research and put up the best possible scenario for success be it by fine or points. No you can't win them all. That only happens when the legal representative decides what Victory to him/her/them is defined as. Victory to them can often be just whether your check cleared!
At Truckerdefense.com YOU help define what Victory is for YOU the driver. We will do our utmost to get you a Realistic and Honest defense to keep you on the road. Always feel free to call the other guys. Performance and Price will bring you to Truckerdefense.com and bring you back again.
Tuesday, December 22, 2009
Court Costs
Innocent until proven guilty right? Except in Traffic Court. Sort of. In California anyway, the Superior Courts want the driver to PAY (Forfeit) the "Bail" (Fine amount) in advance of the trial.
The Court then holds the money in trust until the judgement is rendered.
SO, if you hire us (Or any other firm or Pre-paid service) you may be asked for TWO checks to be issued. The first one may be the attorney's negotiated retainer fee and the second one may be the Bail/Fine amount to that particular Court.
That's the system. California courts don't want to have to collect fees after the trial. They will refund the bail/fine if your case is dismissed or fines are reduced. In otherwords, you can get some or even all your Bail/Fine money back depending on the outcome. The attorney retainer is the price paid for services rendered and is not refundable. Attorneys need to eat too!
Remember, TWO checks: Attorney and Court. If you do choose to retain a lawyer and wish to fight your ticket, DO NOT send the Court check directly to the Court! That's a GUILTY plea as far as California courts are concerned and you will see the results on your DMV CDL record very quickly. THEN you will need a Truckerdefense Attorney to re-open your case! Trust the people you hire to Protect Your License and Your Job!
info@trcukerdefense.com
The Court then holds the money in trust until the judgement is rendered.
SO, if you hire us (Or any other firm or Pre-paid service) you may be asked for TWO checks to be issued. The first one may be the attorney's negotiated retainer fee and the second one may be the Bail/Fine amount to that particular Court.
That's the system. California courts don't want to have to collect fees after the trial. They will refund the bail/fine if your case is dismissed or fines are reduced. In otherwords, you can get some or even all your Bail/Fine money back depending on the outcome. The attorney retainer is the price paid for services rendered and is not refundable. Attorneys need to eat too!
Remember, TWO checks: Attorney and Court. If you do choose to retain a lawyer and wish to fight your ticket, DO NOT send the Court check directly to the Court! That's a GUILTY plea as far as California courts are concerned and you will see the results on your DMV CDL record very quickly. THEN you will need a Truckerdefense Attorney to re-open your case! Trust the people you hire to Protect Your License and Your Job!
info@trcukerdefense.com
Thursday, November 12, 2009
Careful what you "Say"
Be careful of what you say or write when you plan on contesting your ticket. A typical example of the errant phase would be, "There's no way I was going 65mph! I was only doing 60mph!" Chances are, somewhere in the middle lies the truth about your speed and the officer's estimation. That's great, you now have a Moral victory.
But here's the problem with that: THE MAXIMUM SPEED LIMIT FOR TRUCKS IS 55 MPH.
Therefore, by claiming that you were "Only" going 60mph and that the officer was way off in his/her estimate only guarantees the outcome: GUILTY.
The judge/commissioner no longer has any leeway to find in your favor. Worst of all your attorney, who may have already made a sweet deal for you with the officer/court to amend/mitigate/reduce the charge, is now "Handcuffed" by YOUR admission of guilt.
So please remember that old TV Cop-show line about the "Right to remain silent" because if you don't then "Anything you say CAN and WILL be used AGAINST YOU" in Traffic Court.
Tell your Truckerdefense.com Traffic Attorney the facts of the stop and citiation. He/She will guide you through the process to your advantage. www.truckerdefense.com
But here's the problem with that: THE MAXIMUM SPEED LIMIT FOR TRUCKS IS 55 MPH.
Therefore, by claiming that you were "Only" going 60mph and that the officer was way off in his/her estimate only guarantees the outcome: GUILTY.
The judge/commissioner no longer has any leeway to find in your favor. Worst of all your attorney, who may have already made a sweet deal for you with the officer/court to amend/mitigate/reduce the charge, is now "Handcuffed" by YOUR admission of guilt.
So please remember that old TV Cop-show line about the "Right to remain silent" because if you don't then "Anything you say CAN and WILL be used AGAINST YOU" in Traffic Court.
Tell your Truckerdefense.com Traffic Attorney the facts of the stop and citiation. He/She will guide you through the process to your advantage. www.truckerdefense.com
Friday, September 4, 2009
Trial de Novo: A New Trial and a Second Chance
Tried trial by declaration? Lost already (which always happens when you try to do a trial by mail)? You have a second chance. You have 20 days after you were found guilty to get a real live court trial--your only chance at winning your case. Lost by mail? Don't despair! Call us, we can help.
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