For those with legal/driving record questions

Discussion in 'Questions From New Drivers' started by luvmyhubby, Sep 16, 2010.

  1. luvmyhubby

    luvmyhubby Road Train Member

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    Sep 12, 2005
    Sidney MI
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    Driving Record/Legal Conviction Questions

    Due to the numerous postings by new members about their previous driving incidents/accidents/ or other convictions I am trying to offer this information to help those with questions get answers quickly.

    Holding a CDL makes you a professional driver, any company that you apply to will want to know your previous driving record. YES there are companies out there that will hire you if you have had an accident, gotten points or previous convictions.

    ALL companies have various waiting times i.e.: must be point/accident/incident free for last 3 years or 5 years it is up to them; there is no universal time frame. Just as there is no universal time frame for other legal issues such as felonies, or drug charges.

    The best thing to do is check with each company that you are considering to see what their specific hiring policy is, to be honest and of course follow any legal advice given to you by your personal attorney or the judge who covered your case.

    Questions are always welcome at The Truckers Report
     
    MUDSUN30, Lonesome, Brownyjr36 and 5 others Thank this.
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  3. mcr1016

    mcr1016 Light Load Member

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    Feb 10, 2010
    Garfield, KY
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    And went to court on Monday in Ohio. All but one was dismissed and he only had to pay court costs for the one charge. And no points on his DL. The only good news we have had since he has lost his job.

    1. Would Swift reported these violations too DAC? If so, can we fight to remove them?
    2. We requested a copy of his DAC because we know we are in for a fight. What frustrates me is that it seems they mail you a copy? Why not provide it online like the credit bureau reports instead of making you sweat for 15 days.....Just stupid if you ask me.
    3. Do we need a attorney to fight what's on his DAC? Or if we have substantial documentation is that good enough?
    4. Oh, and if we do get his DAC report "cleared" of the two preventables how do we report that on applications?
    5. And what about those said moving vioilations noted up above? Do we have to report even the two that were dismissed?
    6. And someone said to find local, small trucking companies that wouldn't report to DAC....Well, they still ask the same questions. And wouldn't the violations and preventables still show up on his MVR?
    Thanks. This questions have been in the back of my mind for the past week and finally getting sometime to login and find out some answers.
     
  4. StruckANerve

    StruckANerve Light Load Member

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    Aug 6, 2008
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    If your hubby left swift on bad terms, you can probably be sure every single thing they can report on DAC, will be reported. Maybe even some things that never happened. Yes, you can fight to have them removed, and no, you don't need an attorney to do so, but if you have the money, it couldn't hurt. There is a company called DACFIX that offers DAC repair services, but I won't recommend them because they left me hanging after they received my money. It was a bad experience for me. As far as traffic citations go, you only have to answer what they ask on the application. Read it carefully and decide the direction to go from there. The bigger companies have access to your DAC right away, if you want it, they have to mail it to you. They aren't set up like freecreditreport.com or other sites. Once you have it, you can start the dispute over the phone. That still takes a little while because they have to contact the company, the company has so much time to respond, etc. The only way to know what is going to show up on the MVR, is to go get a copy. I don't know the details of the accidents (I probably missed that thread) so I can't answer much of anything without simply guessing. If you get the preventable accidents, and the citations removed, they still may find out via the MVR, that is why that is important. I wouldn't try to lie or hide anything or you will be disqualified right off the bat. The smaller companies that don't report to, or check DAC would be a good place to start because they are more likely to give you a chance if you honest. I hope this helps answer some of your questions.
     
    Last edited: Sep 20, 2010
  5. Mack attack

    Mack attack Light Load Member

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    Dec 31, 2009
    Baltimore,Md
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    I don't know if I would listen to my attorney unless he knows all the DOT regs. My attorney told me not to put down no to Have I ever been convicted of a crime? I received Probation Before Judgement which in Maryland is not a conviction,but according to DOT it is considered a conviction so I was let go for an honest lie.I didn't know at the time about what the DOT regs said,but now I do,and neither did my attorney
     
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  6. crackerdave

    crackerdave Bobtail Member

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    Sep 28, 2010
    West Georgia
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    Good point! An attorney that doesn't know the DOT regs is not much help in that situation.
     
  7. roughcut1969

    roughcut1969 Bobtail Member

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    Oct 27, 2010
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    My wife and i want to purchase a truck and put it on with a company.I recieved a DUI/Impaired Driving charge last Dec,i get my lisence back this coming Dec,with me taking care of insuring the truck through my insurance company,can or will a company hire me with my truck with the history of my DUI/Impaired being on my drivers abstarct,or do they even need to know?Will they just plate the thier trailer that i am pulling?I really need some 1's Honest and encouraging Advice on how to start out owner operating with a Company with my present driving record.Plz some advice.(Negative Judgmental Know it alls need not apply)
     
  8. wannabe-on-the-road

    wannabe-on-the-road Bobtail Member

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    Nov 16, 2010
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    Hi, Im new to the forum and hopefully to trucking. I have a question about a conviction I have/had. I was arrested and convicted (well, plead guilty or no contest, cant remember which) to possesion of marijuana in 1979. i was on 6 months probation, after that it was supposed to be expunged (according to my good'ol boy lawyer). I was told once expunged I didnt have to tell anyone about it if I didnt want to because it would be like it never happened, but who knows if thats actually true. Back then it was just a misdemeanor, (and would have been sent on my way except for who I was with)but now it would have been a felony I think.Its been so long ago I forget about it. I quit smoking back then and did go on to recieve a nursing license with no problem (no, i dont want to stay in the nursing field anymore for alot of reasons). I know my fingerprints are on file, but they could be there for any number of reasons. Other then this I have never been in any kind of trouble, no traffic violations, nothing.
    OK, now the question....Should I tell potential employers about this or not?
     
  9. Buckeye 'bedder

    Buckeye 'bedder Road Train Member

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    Sep 26, 2010
    Nowhere
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    Hmmm..you and I are in the same situation. Good luck to you.
     
  10. rubinjen

    rubinjen Bobtail Member

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    Nov 18, 2010
    richmond,va
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    i failed a random for marijuana 08/24/2008 are ther any companies that will hire me and who please contact doadoadoa01@yahoo.com
     
    Last edited: Nov 18, 2010
  11. rubinjen

    rubinjen Bobtail Member

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    Nov 18, 2010
    richmond,va
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    i test pos for marijuana in 07/2008 clean record no accidents , but cant find anyone who will hire. does anyone know anyone who will, dont care how bad the company is i got to get back in the game please contact doadoadoa01@yahoo.com
     
    Last edited: Nov 18, 2010
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