A large part of our caseload consists of trucker tickets. We have seen them all and handled them everywhere. Here are some of the most popular areas for truckers to get tickets:
- The Canadian Border (Log Book violations, Equipment violations)
- Near the landfill in Seneca Falls (Town of Tyre) -Overweight, Equipment violations, Log Book violations
- Interstate On Route 86 (old Route 17) Passing the makeshift inspections station near the Town of Nichols or passing any of the other inspections stations on this road west of Binghamton.
- Driving off of the truck route through Geneva.
- Driving off of the truck route through Warsaw.
- Parkway violations in the NYC area.
- Off Truck Route in Schuyler County near the salt mines.
most common trucker tickets
LOG BOOK TICKETS (NY Transportation Law Section 211, 212)
We handle hundreds of Log Book tickets each year. Log Book violations are usually written up as a criminal charge. Consequently a driver who receives this charge is required to appear in Court for arraignment. At the Mafrici Law Office we can usually appear on the trucker’s behalf so that he or she never has to appear in Court. We will typically get this charge reduced to a non criminal violation.
OVERWEIGHT TICKETS (NY VTL Section 385(9),385(10)
There are a lot of landfills in upstate NY and landfills and garbage haulers are carefully monitored by the Commercial Vehicle Enforcement Unit of the New York State Troopers. These are the types of vehicles that are most likely to be overweight. Many garbage haulers out of the New York City region turn to the Mafrici Law Office often for help with trucker tickets.
When a truck is inspected and weighs more than it is permitted, the driver is usually issued a ticket for overweight vehicle. The fine is based on the percentage overweight. If a truck has an overweight permit and exceeds that weight, the permit is voided and the percentage is typically calculated based on the unpermitted weight limit of the truck. For example a truck is permitted to weigh 80,000 pounds but has a permit to allow it to weigh 100,000 pounds. Assume it was stopped weighing 104,000 pounds The truck is a little less than 5% over its permitted weight but the permit is voided so the truck is actually 30% over the unpermitted weight and the fine will very high ($2,950.00). The Mafrici Law Office likely save the driver or trucking company hundreds or sometimes thousands of dollars off of the cost of tickets.
SAFETY VIOLATIONS (NY Transportation Law Section (140(2)(c)(ii))
Transportation Law Equipment violations can be costly for the driver/ trucking company. The Mafrici Law Office can get many of these tickets dismissed or reduced to violations with lower fines.
There are two basic types of Transportation Law equipment violations. There are Out Of Service (OOS) violations and In Service violations. Tickets that are not OOS can be dismissed if the defect is repaired by the sunset of the next business day. These are called fix-it tickets. OOS tickets can not be dismissed by fixing the defect. The fines can be steep ($350.00 minimum). The Mafrici Law Office can help keep the ticket costs down by getting tickets dismissed or reduced to violations with smaller fines
HIGHWAY USE TAX VIOLATIONS (Tax Law 1815(a))
Trucks using the roads of New York State must pay an additional tax for the privilege which is called Highway Use Tax. The details can be found on this NYS website: https://www.tax.ny.gov/bus/hut/huidx.htm
Highway Use Tax (HUT) violations are common tickets issued to truckers. The fine ranges between $150.00-$250.00. However, the issuance of a ticket can trigger an audit on the trucks owner and the imposition of a civil penalty. Sometimes we can get this ticket dismissed if the company takes steps to comply with the HUT requirements. Getting a HUT ticket dismissed will increase (but not eliminate) the possibility of an audit for the trucking company.
TVC PRO DRIVER, INC.
The Mafrici Law Office, PC is the exclusive legal services provider for TVC Pro Driver, Inc., one of the top three motorist clubs in the U.S.. TVC Pro Driver’s focus is on truckers. Traffic ticket defense throughout the US is one of the benefits of membership. TVC Pro Driver members who receive tickets anywhere in New York will receive the high quality representation by the Mafrici Law Office, PC. To learn more about the benefits of membership visit the TVC website: Click here: Home | TVC Pro Drivers