We are Drivers-Just like You

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.

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

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.

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.

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

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

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.

FYI

Courts in California are considering closing every 3rd Wednesday of the month to save money. If you wait until the last minute to deal with your case, you may find yourself looking at a closed court room. And, just because the court is closed, doesn't mean you get extra time to deal with your case. If your case is due on that Wednesday and the court is closed, guess what? You're case is now late and you may end up owing more money.

Check It Out

Driving on southbound hwy 99? If you're in Northern Madera, check out our new billboard. It faces southbound traffic just south of the Pilot Travel Center.

Did You Know?

Did you know that you can request your ticket be sent to the county seat? When a cop writes you a ticket, he will send the ticket to the nearest court city. However, you can ask that your ticket be sent to the county seat. In many counties, the county seat is preferable to the local court. The county seat is going to be busier and more likely to deal than a local court.

Got A Question?

Got a ticket? Just have a question about what you can do or should do? E-mail info@truckerdefense.com and I'll be happy to help.

Don't Go to Trial by Mail

Sounds good right? You can save time and money by doing your trial by mail. The courts call it "Trial by Declaration" and all you have to do is write down your side of the story. Too good to be true? YES!! Don't be fooled--you are going to lose! The cop is going to write his side of the story too and the judge is going to believe the cop. It is always better to give your side of the story in person. And it is still better to let an attorney tell your story.

Common Myths About Traffic Tickets

Myth No. 1:
If the officer makes any mistake on your ticket, the case will be dropped.

A ticket should be seen just as an accusation and a basis for prosecution that must be factually valid and proved in court. Clerical mistakes, such as a wrong number or wrong order of a person's name, are usually overlooked. It is material mistakes, like the identity of the driver, the direction of travel, the street where the citation occurred or the description of the vehicle, that can be used to help win a case.

Myth No. 2:
If the officer doesn't show up in court, you automatically win.

Though this may happen in many cases, there's nothing automatic about it. Most judges will drop a case if the officer does not appear in court.

However, in some courts, a case is scheduled at a time to help ensure the officer is present, or a judge will reschedule the case altogether. In most cases an officer not showing up will result in a dismissal, but there is no guarantee. It all depends on the court and the judge.

Myth No. 3 :
You can make up an excuse to get out of the ticket.

Most police officers aren't interested in excuses. When an officer pulls you over, he already suspects you. Any explanation you give about why you were speeding is an admission that you were speeding. If an officer logs those explanations in his notes, the statements could later be used against you in court. That's why, whenever an officer asks if you know why you've been pulled over, answer "no" and just take the ticket. Never admit to anything in the process of talking. Just be polite with the officer. Most officers are more willing to make a deal in court if you were polite when you got the ticket.

Myth No. 4:
If you don't sign the ticket, it will be dismissed.

Signing a ticket is not an admission of guilt. The signature is merely an acknowledgement you received the ticket and a promise to appear in court. Refusing to sign the ticket -- and there are drivers who think that if they don't sign, they can lie in court and say they weren't there -- will do nothing but agitate the officer and invite more scrutiny. And, argue too much and all you will get is a trip to jail. There is no reason to make a bad situation worse.

Myth No. 5:
You Don't Need an Attorney--It's just a Traffic Ticket

If you depend on your license for your job, you know there is no such thing as "just a traffic ticket." Points mean a suspension and a suspension means you don't drive. Isn't it worth hiring someone who can help? Don't lose your job because you don't want to pay for an attorney.

Defective Trucks: What to Do When You’re Stuck with a Lemon

Sergei Lemberg, an attorney specializing in lemon law [http://www.lemonjustice.com/blog] is sitting in the guest blogger’s chair today.

The Seymour Law Group works hard to help you protect your license, because they know that a valid license is what keeps you on the job. But what happens when you’re an owner-operator, or if you own a company that buys new trucks, and the truck turns out to be defective. That could threaten your job – and your life – in unimaginable ways.

Every state in the U.S. has what’s called a new car lemon law, designed to give people recourse if they find that they’ve purchased defective vehicles that the dealer or manufacturer can’t or won’t fix. Some states cover vehicles that are used for business, but there are often restrictions on the types of business vehicles that are covered. In California, for example, vehicles are covered only if the owner or company has no more than five vehicles registered in California. More important to truckers, however, is that California only covers vehicles with a GVW of under 10,000 pounds. In contrast, Connecticut has one of the most comprehensive lemon laws in the country. Under that state’s law, even trucks are covered.

It pays to check out the lemon law in your state and the state where you purchased your truck. But even if the state lemon law doesn’t cover manufacturer’s defects, you still have recourse under Section 2 of the Uniform Commercial Code, which has provisions covering breaches of warranty. Specifically, when you buy a truck, there are possible causes of action for breaches of express warranties, implied warranty of merchantability and a warranty of fitness for a particular purpose.

If it becomes apparent that your truck has defects that affect its safety, use, or value, it’s important to keep track of when the problems occur and what steps you (or the repair facility) take to fix the problems, as well as copies of repair orders and any correspondence. This will help establish your case. Given that the window of opportunity for filing a lawsuit is limited, you should contact a lemon law attorney earlier rather than later. She or he can guide you through the process to ensure that your truck – and your livelihood – remains on the road.

Don't Roll Over

Don't just pay off your ticket without at least talking to one of our attorneys. If you receive a suspension letter from DMV, you have a short period of time to request a hearing and all that does is delay your suspension. DMV doesn't care that you are going to lose your job and your house. It is very hard to tell one of our truckers he called too late for us to help. But what makes that even worse is to hear a trucker say, "Well, I just paid off my last ticket without going to court." Many courts do care that you are going to lose your job and your house. Our attorneys can help you by going to court and in many cases, it is at that time that we can prevent a suspension. Don't roll over. Don't hand DMV your license without even trying.

Did You Know?

Did you know most officers and district attorneys will not (and in some cases cannot) speak directly to the defendant? That means if you go to court without an attorney from the Seymour Law Group, even if the officer wants to cut you a break, he can't! After knowing that, is it really worth going to court without a traffic attorney? We know the officers, we know the judges. We know what arguments work and what deals can be made. Don't risk your license and your job because you want to save a few bucks.

Don't Face The Judge By Yourself

You wouldn't perform your own open heart surgery? Why would you handle your case alone? Your job and livelihood depend on what happens one day in court. Why wouldn't you ask for help?

Don't face the judge alone; our lawyers can protect your rights. We concentrate our practice on helping drivers fight speeding tickets. Unable to get back to court? One of our lawyers can be there for you to protect your CDL. We understand what truckers have to contend with on a daily basis.

Don't Just Give Up

As a truck driver, your life is made on the road. Lose your driving license and you lose your job. Even a minor infraction can have a major affect on your insurance premium and your livelihood; and since the citation stays on your record for three years, you’ll have to pay again…and again.
Don’t just plead guilty because you think that will make your problems go away. It is not worth losing your CDL and paying years of higher insurance premiums because you simply wanted to avoid the cost of hiring a lawyer. The money you pay down the road will triple the cost of what you will pay by hiring a professional attorney that knows the ropes. Pleading guilty without consulting a lawyer about your case can lead to irrevocable circumstances that can cost you your livelihood.
Protect your job and your license. We have been fighting for truckers for over 10 years throughout the state of California. Got a ticket? Call or visit our website today. We can help

Three things you should never do if you receive a ticket:

1. NEVER PLEAD GUILTY TO THE CHARGE- It is not worth losing your CDL and paying years of higher insurance premiums because you simply wanted to avoid the cost of hiring a lawyer. The money you pay down the road will triple the cost of what you will pay by hiring a professional attorney that knows the ropes. Pleading guilty without consulting a lawyer about your case can lead to irrevocable circumstances that can cost you your livelihood.

2. NEVER LET A VIOLATION GO ON YOUR RECORD- As a commercial driver, your life and career is made on the road. Having a poor driving record can easily put you out of a job. This is why it is so important to keep your record free of damaging violations. By enlisting the help of a qualified attorney, you afford yourself a fighting chance of keeping those infractions off of your record and out of your life.

3. NEVER TRUST YOUR CASE WITH ANYONE EXCEPT THE SEYMOUR LAW GROUP- No doubt there is an endless list of attorneys located in your area that will claim to know everything about your charges and how they can help. Don't be so trustworthy without knowing their background. The Seymour Law Group has been fighting for truckers for over 10 years throughout the state of California. We know what we are doing and we can help. Protect your license and your job.

Did You Know?

While California truckers can no longer attend traffic school to protect their driving record, DMV now allows 6 points before they will suspend a license. However, if you have a HAZMAT license, the limit is still 4 points.