The weight station at Truckee, CA, on I-80 on the Donner Pass, has been the site of many truck driver logbook violations.
Many believe erroneously that the Electronic Logging Device (ELD) had done away with these violations. However, for some, “where there is a will, there is a way.” Some unscrupulous drivers and carriers allow alterations to logbooks even though it is a misdemeanor crime to alter a logbook knowingly.
The majority of truck drivers are honest, but even the most honest truck driver is capable of making a mistake. Take, for instance, the personal conveyance rule.
Say the driver is nearing the end of their driving time. They find a hotel room, shower, and watch a little TV before calling it a night. The driver realizes they are more hungry than tired and remembers seeing a diner they passed on the way. They jump in the truck and go for dinner.
Without thinking about it, they didn’t change the Record of Duty Status on the ELD to personal conveyance, and now they’re over their driving time for the day. If they catch their errors, the driver can call fleet HQ and amend their log to show they used the truck for personal conveyance. If not, they might get cited for an Hour of Service (HOS) violation when pulled into the Truckee Weight Station.
How to Dispute a Truck Driver Logbook Violation
In most cases, determining the presence of a logbook or an ELD and verifying the accuracy of entries is a relatively straightforward process. It boils down to whether the ELD or logbook exists and were those maintained correctly.
Two feasible arguments might include an LED malfunction the driver was unaware of or the driver having receipts that verify his entries.
Although many truck driver logbook violations can be settled between a CA traffic attorney and the traffic court judge, most logbook violations, beyond Form and Manner errors or inaccuracies, are misdemeanors, especially when the allegation hinges on a driver falsifying their log.
For most infractions, a traffic attorney must raise the level of “reasonable doubt” about the driver’s guilt or innocence.
However, when accused of a misdemeanor without legal justification or evidence, an attorney might need to negotiate a reduced charge by showing the judge or prosecutor the truck driver’s clean driving record, community service history, school and/or employment history, or mitigating circumstances.
Many prosecutors and judges consider some logbook violations as “wobblette.” A traffic violation that could be charged as an infraction or a misdemeanor is known as a wobblette. Some refer to it as a wobbler, but that’s technically incorrect, as a wobbler is the difference between a felony and a misdemeanor.
Only with the truck driver or their attorney’s permission can a judge reduce a misdemeanor to an infraction. Many might think it is a no-brainer to take the infraction where there is only the possibility of a fine because a misdemeanor could mean jail time, probation, and/or a much higher fine.
However, a misdemeanor offers the defendant the option of a trial by jury. This option could be preferable when there is little or no physical evidence. Likewise, a misdemeanor is typically much harder for the State to prove intent.
Contact Bigger & Harman About Truck Driver Logbook Violations
Call Bigger & Harman, APC, at (661) 349-9300 when you are accused of a logbook violation — use the handy contact form and send a picture of your ticket/citation or email attorney@biggerharmanlaw.com.
Se habla Español (661) 349-9755.
Download our e-book, Protecting Your Commercial Driver License.
References:
The DMV Portal CA Commercial Driver Handbook.
The FMCSA Registration article, “False Logbook Violation Points.”
The DOT FMCSA 49 CFR Part 395.8(e)(1), Driver’s Record of Duty Status.