Swift has driver arrested.

naw Judges are to lazy to look up the law for themselfs, so the officer is always right. Remeber Driving is a privage, not a right.

 

Thanx LightBulb, your post illustrates one of my points.
That being your last sentence, you PAID a court fee.
And therein lies what the courts seem to be most interested in --- $$$.

 

I agree with everything except the last sentance.
You can not just put it outside on the catwalk to be able to buy beer, wine, etc then go to a motel or home with it.
Possession any kind of alcohol on any part of the commercial vehicle is illegal unless it is on the BOL.
You must buy it and transport it in a private vehicle or cab, or walk then go to a motel to drink just make sure you are following your company's policy on drinking.

 

Definately when dealing with the IRS.

The irony in this exchange? You and I are pretty much on the same page as far as the personal decision goes.

But, I hate to see misleading information posted, regardless of whether I agree with it or not. That is because I feel that, as an adult, I am capable of (nay, required to) making my decisions on the actual information, not what someone else (regardless of their position or intent) told me. The guidance I posted is straight from the FMCSA website ... unadulterated and in its entirety. And yet...

I guess that's one of the most significant challenges in this industry ... the under-educated drivers.

 

I'm getting that feeling, too.

By golly!
I sure won't argue with that.

Agree.
Disagree.
Or
Agree to disagree,..........................
I've enjoyed our exchange.

I think you're correct.
We're seeing the same thing,
Just describing it differently.

 

I think y'all are kinda missing the point here...the swift driver knew, or should have known that to consume, posses, or transport alcahol in a CMV is illegal. It is a federal offense as as well. It does not matter if the driver is on or off duty, cruising down the hiway or parked at a truck stop with his cab curtains closed. It's ILLEGAL. It seems there are so many truck stop lawyers out there with their own learned legal opinion that any issue can be debated ad nauseum ...unfortunately most of the opinions are wildly inaccurate. Y'all also like your anecdotes to make your point. Well, here's one for ya....
"Crete driver Debra Sheldon, age 39, of North Little rock, Arkansas, received multiple citations by Iowa state police after being involved in a roll over accident during last month's blizzard, which shut down parts of I-80 near Walcott. Sheldon apparently lost control of her truck on the slippery surface and crossed the center median where her loaded truck rolled onto it's side. Sheldon received only minor injuries. State police citied her for driving too fast for prevailing road conditions, not having a current log book, and AFTER DISCOVERING A SEALED AND UNOPENED BOTTLE OF WINE IN THE WRECKAGE OF HER TRACTOR'S SLEEPER CAB, ALSO CITED HER FOR TRANSPORTING AN ALCOHOLIC BEVERAGE IN A COMMERCIAL MOTOR VEHICLE." (emphasis added).......The trucker news....March '08
Hope this helps puts this discussion to bed, once and for all.
Olscool

 

Good point.

If push comes to shove, when an officer finds a parked, drunk --- sleeping it off in a motor vehicle, and assuming that person has only one set of keys, an officer could impound said keys and instruct the driver to pick them up at the police station. ORDER them NOT to drive. If they disobey that order, bust 'em.
But I think most officers would prefer doing other things.
Having to police for drunken and/or impaired drivers as we must, is, nonetheless, a waste of resources.

But I agree, if a drunk person has enough sense to park instead of drive, they ought not be charged with the same offense as actually driving, --- based, it seems, on what MIGHT happen.
Perhaps, we should also consider what might NOT happen.

Now, if a drunk were to be sleeping it off in the drinking establishment's parking lot, or VERY near by --- within walkin' distance --- that's one thing.
IF they're found several miles from point of intoxication, they HAVE already broken the law --- they drove drunk.
That kind of driver, I think, WOULD be prone to 'rabbiting', when they figure the officer(s) aren't lookin'.
In that case, jail might just be in EVERYbody's best interest, ... in the long run.

However, as has been stated, the law is the law. And KNOWING the law, ANYone taking a chance has no legitimate reason to complain. If they don't agree with the law, work to change the law, -- not try to circumvent it.

Hmmmmmmmmm
Ya know, I've heard that discussed, and some folks would agree.
But is it, ........................
Fair?
or
Prudent?

Some states have met in the middle, and require our seasoned citizen to be road tested more often than the younger drivers.
Associations, like AAA and AARP offer senior's refresher driving courses inexpensively.
I think that's a good thing.

Albeit, probably inconvenient and not all that well received by some of the seniors who are affected by those conditions, I'm not convinced that isn't a good idea.
Removing a statistical potential BEFORE an incident has brought those statistics down.
Seems to work.
Not much, if any, difference betwixt that, and a sobriety check-point --- and/or random drug tests.
I don't like that it's come to that.
But here we are.

I think we ALL have witnessed REALLY bad drivers out there, in cars and Big trucks. We've all wondered WHAT THE *_______*!!
How can they drive like that and not kill themselves, but manage not to take a few others with them, --- on their way to wherever they're headed.
That place ain't in my Rand McNally.
I don't plan on EVER goin' to that place.
But I digress, .........................................

Consider that many of those type drivers, ---- consider themselves to be good drivers.
Now, that right thar is a scary thought. No?

NASCAR mandates that several inspections, pre and post race, be passed before they'll allow a race car out on the track. Some of those drivers are drivin' at or over 200 mph --- and live to tell about it.
If the inspections were eliminated, and it became a run-what'cha-brung situation, I doubt we'd witness as many walk-away crashes on the track.

Highways?
No different.

Develop a fair MINIMUM proficiency level.
And enforce it.

HaiL!
If NASCAR would issue shoulder patches for those involved with the DMV, maybe it would boost their moral!
At least here in the Land-0-Fruits & Nutz, (California,.... for those who haven't been here, ...... yet. And may not know all the different names California is known by) --- Where, I've heard, DMV wages have gone up to the bottom, also known as "minimum". And the State Capitol elevators are now fully manual.
Oh, it's still push-button, but there's nobody in the elevator who's paid to push 'em, ...... anymore.

Now-a-daze, and as a result, I reckon the powers that be get lost, or don't know where they're goin'. ---- or how to get there on their own.
Hmmmmmmmmmmmmm
Maybe if ALL the mirrors were removed from the elevator walls, they'd be more able to concentrate on what's goin' on?

Oh well, they DO have term-limits to obey.
And so should vehicle drivers.
There comes a time when even WE should recognize we're no longer up to speed on the roads. If we don't voluntarily remove ourselves from the vehicle pool, ....... by golly, ...... SOMEone needs to.
Ya reckon.

 

I agree OO
And thats the problem we have now days
The law I believe is alive and breathing
Its not just a written word but carries with it the back ground and thought process of all involved with putting into place
People always say what would the founding fathers think
Well maybe this isn't quite the same thing
But things get crazy when a person cant use reasonableness
Drivers seat for driving
Bunk home away from home

 

Gray area my big ol' hairy butt!!!!!! It's a commercial vehicle with or without a trailer or load. Try running bobtail and blowing a scale house if you doubt it!! Run an empty flatbed past an agricultural inspection station even though they can clearly see you have no load. It doesn't matter. You still have those cute little numbers on your side known as a DOT number.