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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111526
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I need your advise. Court is tomorrow, July 6th. Our

Customer Question

I need your advise. Court is tomorrow, July 6th. Our business has a lowboy hauler that had Oregon trip permit to transport equipment. He had to cross into Washington State. He felt all that was needed was a oversize load permit for Washington. Called our office to arrange and secretary made out the one permit. He failed to realize that a fuel and trip permits were also required. Stopped at weigh station. Permit confiscated. Charged on June 28th with a gross misdemeanor. Number on charge. 46.16A.320.6. He has never had any charges against him. I am so concerned that it states possible 90 jail time and $1000 fine. Would this be for each charge? Any suggestions on how to handle and best way to go? He and his boss will be at court in the morning. They sat at weigh station for 8 or 9 hours...I came in and figured how to get permits online. It is all done online except during business hours. There was no one to talk to when original permit was made out. Thank you in advance, Nancy Wolfenbarger. Wolfco Timber Services (Oregon)
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that it is the driver and trucking company's duty to know what permits are required. So unfortunately, if he did not have the right permits, he cannot claim he did not know or that there was nobody to talk to when you made the call. The good news is that he is not going to go to jail for this, the court wants their fine money and the fine would be for each violation he was cited for. Jail time is a possible sentence, but typically that is for someone who is a repeat offender, not a first offender.
So, he needs to go with his boss and really he should have a local attorney there, especially if there are multiple charges against him (one for each permit) because in most of those cases the attorney can negotiate at least to have one citation dismissed and negotiate a deal on the other one and the local attorneys in that county typically get the best deals from the prosecutors.

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