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| Чт, Дек 8, 2005 12:02pm Адвокат Игорь Громов не принимает email - 6731 d back | ↑↓ |
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На форуме или по телефону бесплатно отвечу на ваши юридические вопросы связанные с:
1) покупкой/продажей недвижимости,
2) нарушениями правил дорожного движения,
3) разводом (по согласию или при отсутствии одного из супруг),
4) вождением в нетрезвом состоянии "DUI",
5) визой невесты/жены, воссоединением семьи,
6) уголовными нарушениями,
7) другими ежедневными юридическими проблемами.
Телефонная консультация ограниченна на 5-10 минут, зависит от вопроса.
Игорь Громов
(312) 953-4801
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| Чт, Дек 8, 2005 12:45pm Solntse - 6731 d back | ↑↓ |
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Igor, (will use English, cannot type cyrillic  ),
What do you think about this one: towing company, one truck was routinely checked by police, put on scales and weighed at 23.700 lbs gross weight. The truck's actual gross weight is 25.500 lbsand he has a sticker to prove it, so he was legal, though its registration said 16.000 lbs. The truck was booked on bond, @ 1.500 $ and only released after the bond was paid - same hour. The truck is leased and when I checked with the dealership who originally registered the truck they said the law was (until 2 years ago) to register tow trucks at empty weight, not gross weight. So it was registered to 16.000 lbs. They do not have original paperwork. When I called plate and registration dept. they said it was up to us to renew registration for 26.000 lbs and they do not care to point out to everybody. I know I shoud have looked... But I feel I have some point proving we did not willingly conceal actual gross weight.
Thanks in advance.
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| Чт, Дек 8, 2005 02:00pm Адвокат Игорь Громов - 6731 d back | ↑↓ |
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Solntse,
The Illinois Vehicle Code laws are "strict liability," meaning that the complaining authority (city or State) doesn't have to prove intent and/or willful conduct, and ignorance is not a defense. I don't usually deal with commercial vehicle registration cases, but if you received a traffic citation, before you go to court, get your registration straightened out (pay for it), and show proof to the judge. The judge will either let you go, or impose a minimum fine, which will be deducted from your bond.
Yours truly.
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| Чт, Дек 8, 2005 02:10pm Solntse - 6731 d back | ↑↓ |
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No, see, the thing is, this was not ignorance, as I said it was registered correctly originally. How does one know when law changes if the registration desk does not let them know? Say, tomorrow the vehicle sticker is not 78$ or so, but 200$. I am sure I'll be first to know when I come to reregister. They said I can register vehicle weight to whatever weight I want to and this is none of their business what I choose to do!!! I do not think it is lawful to give freedom to register commercial vehicles at whatever weight one wants to (10 pounds, anyone?), but they should regulate the registration process. I am not talking ignorance in the way "I did not know I should stop at stop signs", but about CHANGE IN LAW. The dealership faxed me a copy of "note of correction" they had received from DOT, although they do not have original manual on how to register tow trucks. Do you think I might find it somewhere in archives or online?
Thanks,
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| Пт, Дек 9, 2005 11:48am Solntse - 6730 d back | ↑↓ |
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Igor, are you still with us?
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| Пт, Дек 9, 2005 04:14pm Игорь Громов - 6730 d back | ↑↓ |
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Solntse,
I am always here. As I said, such law is strict liability. One knows when the law changes by looking at the statutes or consulting with a lawyer. The registration desk does not have a responsibility to inform you (they should though), but you do have a duty to inquire. If a registration clerk has made a mistake and misinformed you, you do have a valid argument of misrepresentation. As I suggested, if you received a citation, plead not guilty, comply with the violation, go to court, change your plea to "guilty" and show compliance, and you will probably be let go without a fine, or with a small administrative fine. You can do a search online or inquire with the Department of Transportation as to any rules of registration. I have not ever had a case like this. I saw your post somewhere below looking for an "experienced transportation industry lawyer, not traffic violations." I cannot suggest one for you as of all the lawyers I work with, none specialize in "transportion industry law." We do handle a lot of small and serious traffic violations however. Good luck.
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| Пт, Дек 9, 2005 04:28pm Solntse - 6730 d back | ↑↓ |
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Thanks Igor,
I will try. I read the "note of correction" from DOT and DOES NOT say a tow truck has to be registered to gross weight, but empty weight, the correction only pertains to "third plate of the tow truck and unregistered vehicle being towed". Technically, there was no change in law pertaining to gross weight!!!
I believe if one has a point, one should be able to prove it. I once won the case when DOT ticketed my truck for crossing border and entering Missouri although it was stopped in south IL !!! The truck was picking up vehicles from broken heavy duty truck and naturally had Missouri paperwork from the other truck and they thought it did cross the border without proper permit. I was able to prove my point.
Thanks again.
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| Пт, Дек 23, 2005 10:50am Solntse - 6716 d back | ↑↓ |
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Igor,
I just won that case! Spent quite a time researching Illinois Statutes, but here we go!
Thanks!
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| Пт, Дек 23, 2005 08:07pm Игорь Громов - 6715 d back | ↑↓ |
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You mean completely won and got your bond money back? Or you settled? Either way, congrats. If you ever wanna become a lawyer, you will most likely be successful.
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| Сб, Дек 24, 2005 09:33am Solntse - 6715 d back | ↑↓ |
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Won! Money back in 6 weeks. What I found out, there was never change in law, not even an amendment, only a faxed memo recommending this and that and all police troopers started to follow, but it never became a law!
Thanks, I am really happy!
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| Вт, Янв 31, 2006 12:44pm Dervish - 6677 d back | ↑↓ |
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Ne viezzhaya iz strani?
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| Вт, Янв 31, 2006 02:50pm Lisionok - 6677 d back | ↑↓ |
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Dervish, да, не выезжая. или на студенческую. и сколько это стоит.
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