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THETRUCKER.COM<br />
Brad Klepper<br />
exclusive to the trucker<br />
Ask the<br />
Attorney<br />
Perspective February 15-28, 2020 • 13<br />
Remember that roadside interactions can affect citations, inspection violations<br />
One of the problems with writing columns<br />
like this is that between the time I actually write<br />
the article and the date the article is published,<br />
the “hot topic” I wrote about is no longer hot.<br />
Or, worse yet, new facts have come to light that<br />
make my earlier opinion moot.<br />
With that said, I thought I would write about<br />
something I deal with every day — trucking<br />
and roadside interactions.<br />
In case you were unaware, 2020 was a really<br />
strange year. When the pandemic hit in the<br />
spring, we saw the number of citations being<br />
issued and inspections being conducted drop<br />
dramatically. Instead of writing citations and<br />
conducting inspections, enforcement and the<br />
industry worked together to make sure medicine<br />
was delivered and there was food on the<br />
grocery store shelves.<br />
However, all good things must come to an end.<br />
Since the “low” point in April 2020, we<br />
have seen the number of citations written and<br />
inspections conducted steadily rise. In fact,<br />
I would say we have returned to “pre-pandemic”<br />
numbers. Of course, this is not based<br />
on verified data issued by the government;<br />
instead, it is based on our legal practice. However,<br />
since all we do is defend citations and<br />
inspection violations, we have a pretty danged<br />
good feel for this stuff.<br />
The thing I find interesting is that during the<br />
past few months I have run across more inspections<br />
and citations with an uncharacteristically<br />
high number of violations noted than “normal.”<br />
Now don’t get me wrong. There is always going<br />
to be the odd inspection/citation that stands<br />
out from the crowd. Fortunately, these have always<br />
been the exception rather than the norm.<br />
However, I am now seeing these occur with<br />
more regularity.<br />
What in the world is going on to cause this sudden<br />
uptick, you say? Well, I am glad you asked.<br />
Now understand that my opinion is based<br />
solely on what I have seen in my practice —<br />
but in my opinion, the reason we are seeing this<br />
issue is because of poor roadside interactions<br />
with enforcement. I can see it in the way the<br />
citations are written.<br />
OK, I can hear it now: “How do you know<br />
that, Smarty Pants?”<br />
Well, here is my answer: I have been contesting<br />
citations and inspections for quite<br />
some time, and as a result, I generally know<br />
how the officer can write a citation. For example,<br />
if you bypass a port of entry in New Mexico<br />
you can receive a citation for bypassing a<br />
port of entry, failure to obey a traffic-control<br />
device, or other violations. If the officer wrote<br />
you a citation but only listed one violation,<br />
I know he cut you a break in the field and you<br />
had a good interaction. Two violations means<br />
it maybe was not quite as good an interaction,<br />
but probably still OK. More than that, and I<br />
know it did not go well.<br />
The same can be said for inspections. Assuming<br />
you are driving a reasonably maintained<br />
vehicle, a couple of violations can be<br />
normal. If there are more than five, I begin to<br />
take notice; more than 10 and I am concerned.<br />
More than 30 — yes, I HAVE seen that — and<br />
I know somebody said something about someone’s<br />
momma. Don’t do that.<br />
In addition to reading citations like tea<br />
leaves, I talk to enforcement and prosecutors<br />
on pretty much a daily basis. My conversations<br />
with them confirm that I am not making this up.<br />
In fact, do you know what the best thing is<br />
an officer can say to me when we are discussing<br />
a case? It’s easy: “I don’t recall your client.”<br />
If I hear that, I know everyone acted professionally,<br />
and our chances of getting a positive<br />
outcome go up. In contrast, when I hear,<br />
“Yes, I remember your client. Let me tell you<br />
what happened,” I know I am in for a long day.<br />
So, the next time you have an interaction<br />
with enforcement, please remember this: The<br />
officer is just doing his job. He is not targeting<br />
you specifically, although I know it can<br />
feel this way. He is out to keep the roads safe<br />
for you to do your job and for everyone else<br />
to do theirs.<br />
I am sure that if you took a survey of<br />
enforcement, writing tickets and doing roadside<br />
inspections is not at the top of the “things<br />
we love to do” list. But it has to be done.<br />
Why? Because there are people out there on<br />
the highways who are truly unsafe and need<br />
to be taken off the road. Unfortunately, no one<br />
labels the side of their truck with a logo that<br />
says, “Unsafe Trucking LLC.” So, stops have<br />
to be made, inspections have to be performed<br />
and citations have to be written.<br />
This is where the professional part comes<br />
into play. Do not take it personally. Do not<br />
make it personal. Do not bring anybody’s<br />
momma into the conversation. Be prepared. Be<br />
courteous. Be polite. And most importantly, be<br />
professional. Understand that this is where we<br />
begin when defending your citation.<br />
Also, understand that everyone is entitled to<br />
have a bad day, even enforcement. You know<br />
how you feel when a four-wheeler cuts you<br />
off? Or when you are trying to solve a problem<br />
at home from a thousand miles away? My<br />
point is that the officer is a person, just like you<br />
— trying to do their job, provide for their family<br />
and deal with all the complications that life<br />
brings. Extend them the same courtesy that you<br />
want to be extended to you. I promise this will<br />
make everything go better and get you back on<br />
the road quicker.<br />
At the end of the day, you cannot always<br />
control the circumstances of a stop. You cannot<br />
control the mood of the officer stopping you. You<br />
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