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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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