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

who have you applied with?

have you tried Epes Transport in Greensboro?

 

Well Chinatown seems to be MIA right now so I'll throw in my 2 cents.

To answer your question, I think time heals all wounds. You might be unemployable right now, but give it some time, and I'd say some would overlook it. You might have to go to shytty places like Western Express just to get your #### feet wet again.

Whatever you do, don't drink and speed while driving as a CDL driver.

 

Very delicate case here, each company hiring will have their stipulated "rules " for hiring when it comes to traffic violations. A DUI would be treated seriously, a suspension would also be serious, as some have mentioned its not the end of the world, it just means you may have to wait, for example if a company say no DUI in last 5 years then you'd need to wait 6 years before they'd consider you. In the end its all about the company's insurer as it affects the premiums they have to pay, and also its about hiring drivers that are responsible, having a DUI, refusing a breathalyzer may not come across as being responsible. Not judging, just saying how a possible employer may view your traffic history. Anyway all the best the key is we all make mistakes in life, the main thing is learning from them and moving on hope it all works out for you in the end.

 

What do you mean pulled out of the vehicle? What happened? I was a police officer for 26 years and have a little experience . Been driving a truck for the past 8 years

 

Well there is no expungment of the DUI, there was no adjudicated case to expunge, just the arrest which goes away after the dismissal. The refusal won't come off, neither the suspension because these things matter.

The real problem isn't a company who would hire you, it is their insurance company, you are a high risk driver and because we are in a company market right now, drivers are having a hard time getting work with marginal or crappy records.

However, I wonder why you did refuse to clear yourself when given a chance, which you can't or shouldn't refuse the chance.

Are you one of them sovereign citizen types?

Were you actually guilty of being drunk - Rhetorical.

There is a thin chance that your record will be cleaned because the two events happened, regardless if the case was dismissed.

This is my concern, why?

Yep, this needs to be answered too. Cops won't mess with people unless there is a reason for it.

 

Okay, related but not on topic-

Not trying to add to your problems, but I want to point out you've been out of the truck for over 2 years now.
Not only are you going to fight an uphill battle with the DUI, expunged and or not adjudicated- you're also looking at having basically, zero relevant or recent driving history in a CMV.

In the most polite way to put this, most, if not all insurance companies are going to be hesitant to consider you as a potential driver for any fleet, small or large, and that is what basically counts here.

Every company, small fleet, guy with three trucks and two drivers wants drivers. It's a matter of if you're insurable is what decides.

Sir, I do not believe you are insurable.

 

Found the discussion a bit late, but I’ll leave here what I learned from my experience.

The frustrating part is when the main case gets dismissed and you think the whole thing disappears, then bam, some company pulls a report and sees something else. I dealt with that confusion too. After comparing different attorneys and reading way too much DMV stuff at 2am lol, I had McCabe Law handle my case and they were able to explain where the refusal was showing up and where it wasn't. Ended up staying in the industry.

 

I’m not an attorney, but expunged is supposed to be expunged as in it didn’t happen. And the case was dismissed. Was it dismissed without prejudice? Or was it dismissed with you having met certain criteria? If it’s dismissed as in the officer made mistakes, And the judge threw it out and then it was expunged. It should be literally like it didn’t happen.

Unfortunately, we live in times when simply being arrested for something ends up with the same result at the end of the day or limitations on your freedoms as it does as if you were convicted. This is a real problem with the criminal justice system in this country. If you are arrested for something, you are still supposed to be innocent until proven guilty. You should not have to pay for it for the rest of your life, if it is found that law-enforcement or the proceedings were improperly conducted, and a judge dismissed it or threw the case out. You should be free to proceed with your life without any restrictions or implications as you were before. I would definitely hire an attorney for this situation unless it was dismissed with conditions.

 

It’s an old thread that you replied to but I feel compelled to pass along the information.

“Driving Record/MVR (Retained): State licensing agencies and federal motor carrier databases track administrative driver's license actions (like a chemical test refusal under implied consent laws) on your driving abstract. Under federal safety guidelines, states are prohibited from "masking" or hiding driver conviction and major disqualifying offense data for CDL holders, meaning administrative tracking often remains visible to law enforcement and commercial transport employers“

“Federal compliance databases retain these administrative tracking markers to ensure repeat offenses trigger proper lifetime commercial disqualifications.”