Re: [MV] Fw: [MV] All legal questions

From: Clayton Bankston (cvbesq666@hotmail.com)
Date: Sun Feb 18 2001 - 16:18:14 PST


>Gee, I didn't take the bar exam.....I guess I don't know anything about
> >the FMCSR's. And the need for legal counsel only comes if you get
> >charged with something.

Actually, you're just a cop that specializes in Motor Carrier enforcement.

I never said that you didn't know anything. I said that people should seek
competant counsel for legal questions. I don't regard cops as competant
legal counsel, even though they are knowledgable in certain laws, in much
the same way that a real estate agent knows about building codes and zoning
laws.

Your advice may be sound in many instances. However, not in all instances. I
think that it is a dis-service to the people on this list to provide any
type of advice via e-mail when you (or I) do not know all of the pertenant
facts relating to the subject at hand.

My M109A2 Shop Van got impounded (by DOT cop such as yourself) for having a
"falsified registration" and he also wrote me a citation for "driving
without a license." The DOT cops said, "this isn't a motorhome, it's a truck
with camper body on it."

You see the M109A2 was registered as a motorhome and met all the legal tests
as to what constituted a motorhome. You don't need a CDL to drive a
motorhome. I thought that I was OK. This DOT cop didn't see it that way.

Even though I felt that when I registered my M109A2 as a motorhome that I
had understood the law properly, I still sought out a lawyer that
specialized in this field and not only did I get the case dismissed and my
vehicle returned, but I was reimbursed for all of my costs. That DOT cop was
very wrong.

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