Failure to report prescription meds on DOT Medical form for 2 year wallet card

Discussion in 'Trucker Legal Advice' started by ml48603, Sep 8, 2012.

  1. ml48603

    ml48603 Bobtail Member

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    Any lawyers here? What would be the consequences of failure to report prescription meds on a DOT Medical form for the 2 year wallet card in the following situations?

    1) Driver works for motorcarrier to get experience and no accidents occur during this time, however, company in depth investigation is triggered by random federal DOT audit and prescription drug omission is discovered.

    2) An accident occurs that is attributed to drowsiness. An in depth company investigation begins and lawyers research the driver's medical history in question. The omission of a prescription drug that can have the side affect of drowsiness is discovered. Even though the driver does not suffer from the drowsiness side affect, the lawyers decide to sell the idea that the omitted prescription drug is responsible for the drowsiness.
     
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  3. Giggles the Original

    Giggles the Original Road Train Member

    you dont have to list your meds...HOWEVER not sup to take meds that cause drowsiness..even if it doesnt cause it in you...they could argue that it did...of course i am no lawyer either...LOL
     
    Last edited: Sep 8, 2012
  4. IceCreator

    IceCreator Medium Load Member

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    I told the docs what i take and they asked me if it made me drowsy i said no its been years ive been taking it they said okay. Got 2 year card
     
  5. snowman01

    snowman01 Road Train Member

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    You should know that every trucker is a lawyer. My OPINION is that taking any medication which impairs your function to operate heavy equipment is a very large no no and against dot regs. You don't have to list it that I'm aware of but you should know what the side effects are. If you get into an accident how do you prove you were not drowsy? If you got into an accident and it was found that you were taking the medication then you are in a very tough spot and its doubtful you will get out of it.
     
  6. snowman01

    snowman01 Road Train Member

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    Not to be sarcastic but So what? If one of the side effects is drowsiness then its just your word that you were not. Hey, alcohol does not have any effect on my fine motor skills and judgement so I can drive after a few, right? I told a doctor it was so and he said ok. Try that one in court. Does not every medication that has drowsiness as a side effect say right on it to not operate heavy machinery when using it? If the drug makers are covering their own butts this way what do you think that means?
     
  7. Roadmedic

    Roadmedic Road Train Member

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    You have an accident where someone is injured, you do not need to worry about whether you were drowsy or not. It might be time to be worried if you have medications that are not shown on the medical form.


    The attorney for the other side and your company will be sure to find all of the details out.

    Chips fall where they will. You decide.
     
  8. IceCreator

    IceCreator Medium Load Member

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    Mine said "may cause drowsiness". Point is moot since i dont take it anymore, but going from YEARS of taking it to not taking it at all, i can honestly say i feel no difference. Sure, its covering their butts and all, but just cause you have a scrip that may cause drowsiness shouldnt rule you out imo. And the alcohol comment is not even applicable to the situation
     
  9. A21CAV

    A21CAV Road Train Member

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    The correct answer to both questions is bend over, grab your ankles and squeal like a pig cuz you are about to get lawyered.
     
    CAXPT Thanks this.
  10. 123456

    123456 Road Train Member

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    snowman01, xlsdraw and CAXPT Thank this.
  11. snowman01

    snowman01 Road Train Member

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    Actually the alcohol comment is in this way. Both, in the case of alcohol always and in the case of the medication may, cause drowsiness and shouldn't be used when operating a motor vehicle. Just because you mention it to someone and they say "ok" doesn't mean you should do it. A doctor can prescribe you many different medicines that you shouldn't drive after taking but I don't think he can force you not to or take your license. Do you see my point? As for feeling no difference maybe you built up a tolerance to it and maybe not. I don't know. What I do know is that any competent lawyer will find out about the medication and its side effects and hang you out to dry. Also, if the dot finds it in your truck during an inspection I'm not sure how that will go over as I'm sure any medications that either does or may impair your ability to drive would be a giant flag to them.

    Anyone on here ever take any medication that may cause drowsiness, have an inspection where the DOT finds it? How did it go?
     
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