Is my career done?

To the OP, all you need to pay attention to in this thread is the advice you have been given several times. CONTACT AN ATTORNEY.

I applaud that you are wanting to work. These folks are keeping you from doing so. Make them PAY for it.

 

go back and read the second sentence in the first red paragraph. It says

Consent is implied by driving a commercial motor vehicle on the streets and highways of North Carolina

The three words still confirm my post COMMERCIAL MOTOR VEHICLE it does not say car, motorcycle, bicycle, RV airplane or wheelchair! Besides this is in North Carolina. Not the USA! It's a state thing but it still mandates a CMV only, not any other type of conveyance! I'd go to jail over this If I was on my bike or in a car and some rookie cop wanted me to pee in a bottle because I have a CDL in my pocket and i'd get my lawyer and then walk out because that was one stupid cop!

Now some states DO have a road side pee test trailer like NJ! But it's actually no surprise as we all know truck drivers have no rights like the police or other law makers who don't have to take a urinalysis.
Now with any vehicle you DO consent to a sobriety test if the officer thinks or suspects you are or have been drinking! I'll consent there but pee or blood test I don't think so unless he says I blew a certain amount when I know I haven't had anything to drink then yes I'll pee in his bottle or give a tube of blood in my defence!

AS for the above it's written well and there is no mistaking what they say! If you need to make a copy of that safety rule and put it in your pocket as you're worrying about nothing as I see it!

 

That law should rub everyone the wrong way.
It is a total violation of your personal and probably your
civil rights as well. This law is stating {imo} that if you drive a truck you may be more prone to doing wrong drug/drink wise than a regular license holder? Come on! Of course this is one way to look at it but if not intended why word it the way they did?
I cannot even imagine why this was allowed in with
the wording they've used on the books in North Carolina .:smt017
Just because you are a "professional driver"
IE one who holds a CDL license makes you
more liable than any other driver?
This is one more crazy,insane law to my way of thinking!
C.B.

 

That law is a "greater good" example.

The individuals rights do not trump the public's rights.
The public has the right to not share the road with intoxicated drivers.

My problem with this is the double standard,
ANYONE who is a driver in a crash should be tested.
Why can a soccer mom piloting a car load of kids have a higher legal BAC?

 

Go back and read my third paragraph;

These conversations usually went on to scrutinize the wording "Consent is implied by driving a commercial motor vehicle on the streets and highways of North Carolina." The argument being that it does not say "At the time of the request", and that the wording could easily be interpreted to mean that by having a CDL you will be or have been doing so and therefore consent was implied for anytime, not just during the operation of the vehicle. It was usually thought that a good lawyer could beat it in court, but that doesn't stop an incident from occurring along with all the other hoopla and backlash that would come with such an event. Not to mention that in this day and age people are considered guilty until proven innocent, and most people would simply say or think, "Why refuse unless you have something to hide?"

You and I are basically on the same page, it's just that I see a broad brush for painting interpretation of the law.

Which, as I posted in another thread, didn't stop a Virginia Highway Patrolman from flipping in the median, pulling me for illegal window tint and making me remove it. Even though it was legal in NC where I was based.

I could have fought it, and more than likely won. But it would have been after he towed and impounded my truck and I suffered a loss of earning, etc.

Nowhere in that regulation does it state that only NC commercial vehicles and/or their operators are subject to it either. Are we sure that other states don't have similar wording? I'm not, anyone want to grab a copy of their states handbook and find out?

And again, we are basically on the same page. You're saying it is not legal (and it shouldn't be) to be asked to consent basically unless you are on duty and driving. I'm saying that the wording is loose enough that it can be interrupted to mean simply by holding the license. Regardless, even if you are 100% correct, is that right? Should a citizen of this country be subjected to that solely because of the line of work they do? Are Airline pilots held to the same standards? Operators of heavy equipment working on projects near the public? Are fire, police and EMT? Again, I don't know, but I doubt it.

 

this made me laugh pretty hard

 

We can argue this all year long and it'll do no good! Yes soccer moms and others have been all through the news and how many of them piss in a bottle! You forget that these idiots that make these laws might have been in a travel center, seen the beer in the cooler and thought because "travel Center" is the name of a "truck stop" that we are all drunk driving our CMV's around with a brew in our hands, but look at how many police department unions forbid a keeper of the law from these tests or the same morons who make these laws!

Me, as I told the cop in NJ at the old mile marker 3 scales one day I'll pee in that bottle all day long but you better hold the thing! And I told them no water in the sink I'm not peeing! I did NOT refuse to take the test and he refused to hold the bottle and I asked him when the last time was HE took one and he proudly says "my union fought it and we don't have to take any" Well, sonny boy I'll piss cleaner than you and your boy friend next to you! Want to put a pay check up? Yeah they grow some bad men up there! Wouldn't even bet on a what should have been a "SURE THING!" or I figured it would be! They decided that the bet they would lose and they would not hold the cup and I walked out. But I did NOT refuse as the cameras showed!

Yes double standards! Truck drivers will always be targets as long as CRASH, MADD and the rest of those alphabet groups are waving their flags! Get the beer and alcohol out of truck stops and Travel Centers and things might clean up a little BUT keep the illegal crap away from your lips and don't drink anywhere close to a truck and get trucking act cleaned up and this crapola will go away!

Let's not forget that states can do what they want! I don't have to deliver to NC or VA or neither do you!
Which brings me back to a thread I did over a year ago which has slid into the bowels of the unread! go here,
http://www.thetruckersreport.comtru...rum/84938-strike-will-work-will-get-real.html read about the best strike we can do.

It's called the "Nothing in Nothing Out" strike! North Carolina and other states can be brought back into line and forced to drop this stupidity! Read the whole thread, it's only 3 pages right now but it covers how this kind of bull can be stopped! Just think NC and VA border each other and the capitals are well outside of a 100 mile distance from another state line so this strike would work instead of beating this dead horse of an argument to death in a forum!

As for the window tinting, yep that's been going on for years! Get a doctors release that you need the 25% or darker tint and forget about it! I did! It's the same as guns, rubbing alcohol passengers, bird dogs and other stupid things states and gooberment come up with and we elected these morons in to these offices! No wonder why we need an IQ test given before people who are wasting air the stupid need to live on vote!

 

Is sue em for definmation of chariter

 

Call Opie, the best in the country for your problem.

 

I never heard of anything that the State can order a DOT Drug/alcohol test when your not employed haha.My dad is a 27 year veteran truckdriver now retired from HEB Grocery Company for 6 years and nobody ever knocked on his door or sent him a letter just because he has a CDL.lol