Yesterday was a victorious day for fellow truck driver and friend Kenny Capell when he found out that his Obstruction of Justice case was dismissed. Kenny immediately called to share the good news with us here at AskTheTrucker and also with James Lamb of SBTC.
Mr Capell had been arrested on April 15th, 2014 at a scale house in Ringgold, GA for refusing to provide ID while being awoken from his sleeper berth during his federally mandated Hours of Service 10 hour break.
Kenny is a truck driver who drives team with his wife and was sleeping in the sleeper berth of his commercial truck when his wife was driving. The officer woke Kenny when his wife pulled into a weigh station, and demanded his ID.
The same officer, Leigh A. Parsons, had previously woken him up on March 28th, where at that time, Kenny had provided requested documents. This 2nd time however, he refused and was handcuffed, arrested, and jailed for 12 hours.
more: http://askthetrucker.com/trucker-victory-for-obstruction-of-justice-right-to-sleep-court-case/
This is fantastic!
Trucker victory for Obstruction of Justice Right to Sleep court case
Discussion in 'Truckers News' started by not4hire, Feb 26, 2015.
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Dr_Fandango44, nshore harleyguy, double yellow and 4 others Thank this.
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I love it. Power to those that have the balls to stand up to injustice
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Now they should arrest that officer and put him in jail. Just for 12 hours. Why didn't the wife just give the dl to officer. Her verifying his ID should have been good for the officer. No reason for him to disturb the driver in the sleeper bunk.
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How would anyone other than a dead body sleep though a codriver dealing with all that BS 4 feet away from the bed anyway?
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Nobody has ever been know to create a fake "co-driver" and log team and hope no cop questioned it. So I can't imagine what this cop was thinking.
I'm not saying the cop was right, and I'm also saying perhaps the cop didn't handle it correctly, or maybe the cop was given reason to doubt the team claim and try and verify the true identity of the only other person in the truck who could possibly match the co-driver name on the logs. Lot's of guys run with their girlfriends who couldn't get a CDL if their life depended on it, and log them as "co-driver" and hope no cop ever questions it or tries to verify the other driver holds a valid CDL and the name matches.
But I'm glad to know they are trying to find the outlaw drivers and get them off of the road. And if you don't think they're out here, you need to think again. -
I had a cop in Iowa wake me.. same crap.. Probably won't happen again
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