Swift has driver arrested.

Is that better?

FMCSA doesn't make company policy.

Law enforcement officers don't make law.

 

A little, but, ........................ you didn't include:
"would normally be outside the scope of this section".

Is that better?

Who defines "normally"?
The law enforcement officer, (who doesn't make laws)?

My guess is that IF the law enforcement officer SUSPECTS alcohol is being consumed in a commercial vehicle,
they would normally issue a citation and/or make an arrest.

Law enforcement officers don't write the laws, that's true.
But they can and DO enforce laws that have been written --- SOMEtimes according to how THEY, personally, interpret said law(s).

 

It was in the first post.

Nope. That's what the courts are for.

They can suspect all they want, but proof is required for a conviction. Law enforcement officers get it wrong on a regular basis.

Of course you will note that nowhere have I advocated consuming an alcoholic beverage while in a commercial vehicle. So, as far as I am concerned, it's going to be pretty hard to suspect someone is drinking if there are no open containers and no trace of alcohol in their system.

 

YuP!
That's true.
Guilty until proven innocent.
Or, is it the other way around?

Then, there's circumstantial evidence.
Courts and attornies are more about money and the collection thereof, now-a-daze.
Justice?
Hmmmmmmmmmmm
I'm not totally convinced that that's their TOP priority.
It seems more like District Attorneys and their assistant DA's conviction rates are most important to those climbing the ladder to higher office and pay, (read successful careers), SOMEtimes at the expense of those charged with crimes unfairly.
Even when DNA proves a conviction was in error, SOME District Attorneys STILL don't want to release an innocent inmate --- because it will tarnish the DA's conviction record.
Fair and impartial?
I reckon "Justice" really IS blind, as "Justice" turns a blind eye on those wrongly convicted.

So do judges and juries of our peers, --- beyond a reasonable doubt. Do you think the courts ALWAYS get it right?

YuP!
Duly noted.

I understand what you're saying, and I agree to an extent.
But as far as I'm concerned, it isn't worth taking the chance with my career. And if ANYone is willing to go shopping in a Big truck and their list includes alcoholic beverages, they're taking a chance. Personally, I try to avoid ANY possible reason to be cited, arrested and/or taken to court.
If others don't agree, and they get popped, IMO, they have nothing to complain about.
Well, ........ except maybe the time lost (time is money) and the cost of representation by an attorney to be found innocent of the charges.. SOMEtimes, even when y'all win, y'all still lose.

Bottom line, ....... even if it's "normally" outside the scope, ......
WhY take the chance for the comparatively short duration of the transportation and/or consumption of alcoholic beverages?
Is it REALLY worth the potential outcome?
That's my point.

 

The problem is, judges assume honesty and integrity from the officer giving the ticket
Courts are too busy to care if an officer is lying when it comes to small issues
So we are stuck with the same police we the people hire to protect us, also dictating at their level how and when the law will be applied

 

Argue about it all you want.

Alcoholic beverages in a commercial vehicle is against the law.

Doesn't matter what duty your on. Transportation of these items inside the passenger area is illegal. Put it in a box against the cab outside the passenger area.

If the vehicle is used to make money in any way and is registered to do so in which requiring a commercial driving license of any kind (class A,B,C) beverages of the alcoholic nature are prohibited.

Containers period, they don't have to be open.

If Joe bob, Eric in this case had a sixer untouched in his fridge and the cops see it, its 4 points. PERIOD.

Doesn't matter if hes off duty, in a "commercial truck" he or a company owns, parked in his own back yard. Hes guilty of breaking a law involving "adult beverages"

Doesn't matter who you are Justice is blind.

Plead not guilty and use this

and the judge is going to burn you.

Especially if you have ANY prior convictions involving alcohol, commercial or not.

And the driver in questions here, we know nothing about.
He might drink and drive all the time, he may have priors, he may have been suspected in the past yet swift couldn't catch him in the act.

Either way I'm glad hes not on the road and hope he never returns.
Eric makes commercial operators as a whole look bad to john Q Pooblic and belongs in the minimum wage barrel doing day labor.

I can beleive anyone who relies on thier license to make a living would even defend this guy.

Sorry if this post was a bit over the top.
Seen to many people die from drinkers driving.

 

Very good point sir.

I have an instance that will go against that in a way though.

Pulled over going 86 in a 65 in a personal vehicle.
License comes up suspended in the computer.
Officer tells me, "Show up to court with a valid license and I will lower the speeding ticket to 74"
I'm guessing, he assumed I wouldn't pull it off and he would burn me for both.

I showed up with a license. I owed a seat belt ticket, paid it got my license back.
He lowered it like he promised.
Judge looked at the officer and plain as day said, "Driving without a license is a 1 year suspension no questions asked. This young man obviously is going to drive regardless. If you officer are willing to lower a speeding ticket for a unlicesned driver, then Im sure you wont have any trouble dropping all charges and allowing this young man to continue to drive leagaly now that you see he has a valid license."

Officer looked at me, looked at the judge and agreed to drop all charges.
I paid a court fee and went on my way.

 

man I wish I had that kind of luck

 

I thought I had good luck till I moved to PA for a couple years.

Dozen tickets in less than 3 years. burned on all of them.

I was arrested once for yelling the F word in my car.

Never in my life had I been pulled over for going 5 over and actually got a ticket till I lived in PA.
I was pulled once while I had the cruise set on 44 going through a 45 and the officer said vascar clocked me going 56.
I told the officer I was shocked and my 97 horses couldn't run that fast, he just said "well the vascar don't lie"

Northeastern PA is full of drugs and meth labs yet state police spend all day hiding those patrol cars in the bushes of back roads looking for every possible violation they can find.

 

Bummer.....