Refusal of breathalyzer with DUI dismissed and expunged with no probable cause.

Discussion in 'Trucking Industry Regulations' started by ChanginLanes, May 10, 2024.

  1. ChanginLanes

    ChanginLanes Bobtail Member

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    New here, please go easy on me. Respectful answers would be appreciated. I was pulled over for speeding and got arrested for DUI 2 years ago. When taken to jail I refused to blow in the breathalyzer with no knowledge that it would stay on my MVR for life. Of course that caused a 1 year suspension of my CDL-A. I served the year suspension and got my CDL-A reinstated and I have an up to date medical certificate. When I went to court the judge found there was no probable cause to pull me out of the vehicle for speeding and my case was dismissed and expunged from my record including the 30 day civil revocation. Still unaware, I applied at my prior company and got rejected due to the refusal and suspension. I am now aware that this refusal stays on my record for life.. Will I ever be hired anywhere again or should I hang up the cdl-a license and career? Located in North Carolina. I have 4 years cdl experience.
     
    Last edited: May 11, 2024
    Numb Thanks this.
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  3. drivingmissdaisy

    drivingmissdaisy Road Train Member

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  4. bryan21384

    bryan21384 Road Train Member

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    So there is no DUI on your record just to be sure? You'll have to check your record and make sure everything is up to par.

    It will help if you post your location and your experience.
     
    ChanginLanes Thanks this.
  5. ChanginLanes

    ChanginLanes Bobtail Member

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    I live in North Carolina. I have 4 years cdl-a experience. The dui has been expunged. The only thing that is on my MVR is a refusal and a 1 year suspension within the last 3 years. I have a clean criminal record.
     
  6. xsetra

    xsetra Road Train Member

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    Was the refusal while operating a CMV or your car?
     
  7. ChanginLanes

    ChanginLanes Bobtail Member

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    I was in my personal vehicle.
     
  8. bryan21384

    bryan21384 Road Train Member

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    Where exactly in North Carolina? How long have you been out of a truck?
     
  9. ducnut

    ducnut Road Train Member

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    Seek out a commercial traffic attorney, in YOUR state. They will know the laws and can work to get whatever removed from whatever databases. You’ll never get it done through anyone here or by yourself.
     
    Studebaker Hawk and Long FLD Thank this.
  10. ChanginLanes

    ChanginLanes Bobtail Member

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    May 9, 2024
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    I’m in Greensboro NC and I’ve been out of the truck for 2 years and 2 months now.
     
  11. ChanginLanes

    ChanginLanes Bobtail Member

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    May 9, 2024
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    I’ve already had everything expunged off of my record that can be expunged. I was not seeking legal advice from a forum. Please refer to my original post again.
     
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