Gordon & Elias, L.L.P.     800 - 773 - 6770

Truck Driver Unaware of Missing Tires/Wheels

wa.gov, Jan 22, 2007

On December 11, 2006 at approximately 10:30 PM, Francisco Otero Montes, a 41 year old resident of San Bernardino, California was driving a 1998 Volvo truck tractor pulling a 1994 semi trailer loaded with mining equipment. Mr. Otero Montes owns the company and the tractor/trailer was registered to him.

Otero Montes pulled into the Port of Entry, northbound I-5 at milepost 15, and was stopped by Officer Pam Striker. Striker noticed prior to the stop that the axle on the left side of the trailer was canted at an unusual angle. After a closer look she then noticed that the two wheels and tires on the right side of the trailer were missing, and the only remaining tires were heavily damaged. The driver stated he had no knowledge the tires/wheels were missing or where he may have lost them.

A call was made to Oregon State Patrol and WSP Communications to ascertain if any calls had been made in regard to damage caused by the missing duel tires/wheels. Washington State Patrol Trooper Ryan Tanner contacted the Port of Entry scales and gathered enough information to charge Mr. Francisco Otero with negligent driving second degree. Officer Striker cited the driver for being six thousand pounds overweight on the trailer. The trailer unit was placed out of service at the scales until repairs were made.