Question about alcohol offense and driving!

Discussion in 'Questions From New Drivers' started by Landstar2206, Jun 2, 2010.

  1. Landstar2206

    Landstar2206 Light Load Member

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    May 29, 2010
    San Antonio,TX
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    This has nothing to do with me.I never had one....My friend however is from Texas as well and he has a Class A CDL with just driving school experience.He has a clean mvr and clean criminal background but he got convicted before he turned 21 of a MIP(Minor in Possesion of alcohol) & PI(Public Intoxication) ....So heres his concern...He spoke with TX DPS and asked them about those two charges if they go on his MVR ....They say they do for 15 years but the company hes planning on working for checked his MVR and its clean.....Some justice of the peace judges and assitants(secretary's) said it doesnt go on your MVR(driving record,dmv record etc) .Hes not concerned about it since the company said his mvr is clean....However like I said the Dps said it goes on your MVR for 15 years.These offenses that he has are class c misdemeanors and they are not even driving offenses.....He went to his driver license office and asked a dl employee about this and she told him that yeah it does go on his MVR because it has to do with his driving since his license got suspended for 30 days.However this was not when he had a CDL......Obviously the DPS has no idea what they are talking about and they do make mistakes quite often.....Its sad because they are a state agency...You would think that they would know the law but nope they dont.The good thing is he checked out good on his MVR report..We'd appreciate it if one of you guys out there might been in a situation like this or know anything about it.:biggrin_25523: :biggrin_25514:
     
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  3. Les2

    Les2 Road Train Member

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    If it isn't a driving offense then why would it be on his MVR?
     
  4. Baack

    Baack Road Train Member

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    I don't think it would come up on his Motor Vehicle Report unless he received a license suspension for under age drinking
    Pretty sure it will come up on his back ground check
     
  5. Landstar2206

    Landstar2206 Light Load Member

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    May 29, 2010
    San Antonio,TX
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    They are not driving offenses.I called a truckin co and using a private number and asked out of curiousity if those offenses would keep him from driving....They told me that they have to be 10 years old.:biggrin_2555:..but..DWI/DUI convictions for that company have to be 5 years old or over....This is one crazy sick world :biggrin_25523: I guess thats all that matters is its not on any record but I would just like to know the truth....I doubt that they forgot to stamp em on...One JP Judge said it seems like it would go on your criminal record but not your MVR..The only thing he wants to do is prove somebody wrong like the DPS but he cant talk to well on the phone because he get nervous:biggrin_25513: Anyways hes bout to hit the road a few weeks from now :biggrin_25514:
     
  6. davenjeip

    davenjeip Medium Load Member

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    Dec 20, 2009
    Port Charlotte, Fl
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    Some states do weird things with drivers licenses. Had a 16 year old kid that worked for me who lost his license because he was caught with a bag of weed. I'm wanting to say it happened in Ohio, but can't remember well enough to say with any certainty.
     
  7. Landstar2206

    Landstar2206 Light Load Member

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    May 29, 2010
    San Antonio,TX
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    Its not on his MVR or Criminal Record,If it was how would the MIP-ALCOHOL affect him with obtaining a trucking job with a national carrier?
     
  8. Les2

    Les2 Road Train Member

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    kicked back in my lazyboy...
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    Probably was ohio. Don't know if they still do it but it was being used as a deterent to people who rely on their licenses to not be a pothead. The sad part was they didn't care and alot of them will probably never get thier license back cause they kept driving anyway, and doing pot..and getting caught.:biggrin_25526:
     
  9. Landstar2206

    Landstar2206 Light Load Member

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    May 29, 2010
    San Antonio,TX
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    So I guess Im going to tell him he will be alright.He really needs a another job because he hates diggin ditches.haha
     
  10. GasHauler

    GasHauler Master FMCSA Interpreter

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    Here's the problem as I see it. On the job application there might be a question like "have you ever had your drivers license suspended". And of course he has. They're not asking if it was a CDL so if he was to say no then he is taking a huge risk. They have ways to find out and some companies take the extra steps and some don't. But if he's caught lying on a job application then he can kiss his driver career goodbye.

    If driving doesn't matter then he has nothing to lose. But if he's gone to CDL school and paid all that money himself then he's in a bind. I would recommend that if he plans on driving then tell the truth and explain when they ask. However DO NOT TELL any information if not asked. Answer all the questions on the job application truthfully and it doesn't matter if he had a CDL or not. It would matter if it was done in a CMV but he doesn't have that problem. Bottom line is you never want to get caught lying on a job application because then no one will touch you.
     
  11. Landstar2206

    Landstar2206 Light Load Member

    137
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    May 29, 2010
    San Antonio,TX
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    I must have to let you know we are some pretty big drinkers down here in south texas because were polaks but we dont drive intoxicated well i cant say i never have but i dont do it anymore and Nope,your wrong on several statements you just made....First of all if his mvr record is clean then there is no way a company can find out if your license was ever suspended because only law enforcement can find that information out when they call in for a request of your rap sheet to the police dispatcher.Also you never tell a company the truth unless you know for sure you will get caught....the way i see it LIE,LIE,and LIE some more.Another thing I must mention is that i had a refusal to blow into a breathalyzer for dwi but i won the dwi in court and it got dismissed because of that...My license was suspended for a while...Its not on my MVR because like i said only LEO'S can find out that info.Last thing I need to let you know is just because one company catches you lying on app does not mean every company is going to know about it and wont hire you....You must live in the north or somewhere like california where they take you to jail for dui instead of dwi and are real strict with any law....In Texas you dont get arrested for dui or get a citation for it but you only go to jail and go to county court when you get a dwi.:biggrin_25523:
     
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