Help me remember on OUI?

Discussion in 'Trucker Legal Advice' started by lovesthedrive, Jul 24, 2016.

  1. lovesthedrive

    lovesthedrive R.I.P.

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    My sister in laws BF went and got his 3rd oui offense. Yes he has a CDL. I tried to google it and only found info for 4 wheeler penalties. So I am seeking info on what the third offense with a CDL is going to cost her and him.

    Thankyou for your insight.
     
    Last edited: Jul 25, 2016
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  3. justa_driver

    justa_driver Road Train Member

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    Last edited: Jul 25, 2016
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  4. TheDude1969

    TheDude1969 Heavy Load Member

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    OUI is a confusing thing. Normally it means he was not driving, merely arrested for being intoxicated with keys in ignition (This could include listening to radio while waxing his car enjoying a beverage) but in most cases it is passed out, on side of road sleeping it off. There are way to many different state laws, and possibilities to name.

    To better understand his situation, and his state laws, please post the circumstances and punishment for the previous violations, and current OUI.
     
  5. lovesthedrive

    lovesthedrive R.I.P.

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    LOL, ok here goes. Mr. know it all cant be told what to do. So D decides he needs to go visit his son some 30 miles down the highway. D already has 2 convictions on his record, some with a CMV. So D upon arriving at his sons home visits the fridge and sees there are two bottles of his favorite suds and decides to suck them down. He does this over a two hour period with out food. D is about 180 pounds. Then he decides he needs to come back home.

    This part of the story isnt exactly clear. Yet some how the local police catch him at his home in Bangor and during the process of the interview he admits to drinking. The police tell him to go inside and sleep it off. DONT return to the road for at least 6 hours.

    Well Mr. Know it all feels he needs to go get some cigs he forgot to get earlier in the day. So 2 hours later than the last moment with the police he decided that the store a quarter mile away was too far to walk. So he gets in his pickup and heads over to Fairmont Market. Before he gets there, a different squad car sees D driving erratically (no he cant hold his beer). So they pull him over and run his plates. That is when they discover he has had a warning and take him to the pokey and impound his vehicle.

    I dont know his court date yet. But when D messes up, he does a really good job. (he blew a .2)
     
    Last edited: Jul 25, 2016
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  6. lovesthedrive

    lovesthedrive R.I.P.

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    Uploaded a pic of D. (for your pleasure?)
    D at his sons home.jpg
     
  7. justa_driver

    justa_driver Road Train Member

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    He for sure needs to get an Attorney and fight this latest one, try to get it kncked down to something not involving alcohol. The key here is "Conviction" according to the table. If he is "Convicted" of two OUIs, he will lose his cdl for life. Theres a good possibility that it means two convictions in a Commercial Vehicle as well by the way its written? But a lawyer will have to disseminate that? Georgia has that 3 strike law- get convicted 3 times of it and you lose your license regardless to what kind of license it is so he definitely needs an Attorney. I was a Notary Public in Ga for 12 years so I know their laws a lot better than I do TN Law. Good Luck.
     
    Last edited: Jul 25, 2016
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  8. earlybird1104

    earlybird1104 Medium Load Member

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    Hell he don't need a cdl let him walk he don't need to be behind anybody's wheel
     
  9. buzzarddriver

    buzzarddriver Road Train Member

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    I'd be more interested what your brother has to say about his wife having a boyfriend???
     
  10. Blackshack46

    Blackshack46 Road Train Member

    Good catch!
     
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  11. not4hire

    not4hire Road Train Member

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    Drank two beers over a two hour period, interacts with the police and then two hours later blows a 0.2?

    Nope, not buying it... a whole lot more alcohol was consumed at some point.
     
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