Monday, February 24, 2014

Free Truck Driver Guide To Log Book Violations in NY

If you are reading this blog, there is a good chance that you are a truck driver that has been stopped and charged with violating Transportation Law Section 212.  TL 212 is the main statutory section governing Log Book (fmcsa) violations in New York. Our team of traffic ticket attorneys has put together this free guide to help answer some of the most frequently asked questions about to our law firm.

We understand that truck drivers who contact our firm are decent, hard working professional just doing a job. They are usually out of state truck drivers stopped somewhere in Upstate New York.  And, due to a lapse in judgment or mental error, they now found themselves in this serious unfortunate situation. 

Knowing a conviction can result the loss of their job, thousands of dollars in fines, and a jail sentence, truck drivers find it a good decision to hire our skilled truck driver law firm.

What do I need to know about logbook violations?

A conviction under TL 212 is a misdemeanor.  It is a crime that can follow you for the rest of your career.  It can prevent you from attending your school of choice or obtaining future employment.  Worse, it may result in a maximum 6-month jail sentence.

Do I need to appear in court for a log book violation?

If you are charged with TL 212, there is no doubt that you spend your life on the road and returning back to court means missing out on work.  As such, returning back to court is probably not an option for a busy driver. 

Under most circumstances, with the consent of the prosecutor and judge, our clients can have their appearance waived in court.  As such, you can keep on trucking while we handle the court proceedings for you.

What courts can you represent me in?

Our law firm has satellite offices throughout New York State.  We have represented clients in more than 50 counties and there is a very good chance we can represent you in court.

What if I fail to appear in court without an attorney?

When truck driver completely ignores their summons, the court can issue a warrant for their arrest.  This will ultimately lead to the driver’s eventual arrest.  Further, additional charges such as bail jumping can be prosecuted against the driver.

What are some common things used as the basis for a TL 212 charge?

Truck drivers are required to maintain a contemporaneous log showing, among other things, their hours worked, locations driven to, and stops made. 

Why are truck drivers required to maintain a log?

Trucks and CDL licenses are highly regulated.  These licensed drivers and their vehicles can pose a significant risk to the public if they are allowed to operate their vehicles in an unregulated manor.  Across the United States, state legislatures are concerned about maintaining public safety by preventing driver fatigue and misbehavior.

Can your firm get my log book violation dismissed?

We have never encountered a case where a driver was solely charged with a log book violation.  Typically, a log book violation is issued along with several other violations under the Vehicle Traffic Law or Transportation Law.  So for example, a truck driver may be pulled over for speeding and during the stop, the State Trooper discovers equipment violations, lane violations, weight restriction violations, and more.  While our firm has excelled at getting traffic tickets either dismissed or reduced, the typical resolution will be to plea bargain the charges to a non-misdemeanor with reduced exposure to fines, points, and penalties.

About Our Firm: Our traffic ticket defense firm is lead by a former New York City prosecutor.  Our team of lawyers has over 30 years of legal experience and we are strategically located to represent you in most courts throughout the State.  If you have a charge under the Transportation Law, call our logbook violation law firm today at 800-893-9645 to learn how we can help you.