OK gotta ask

Discussion in 'Questions From New Drivers' started by stallardjrs, Sep 3, 2010.

  1. bbqguy

    bbqguy Light Load Member

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    Mar 5, 2010
    East Wenatchee, WA
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    Explain to me how this 'first offender's act' works, since I have NO idea what either the Georgia laws are, or what the 'first offender' act is. Adjudication can mean many things under criminal law, not just sentencing and the entering of a conviction into a person's criminal record. For instance, putting you into whatever program the 'first offender's act' is was an ajudication. What were the terms of your agreement, what were you required to do, and how did that keep your plea from being entered as a conviction and sentence as part of a criminal record? Your answers to my questions will shed light onto how I might answer your question.

    My gut feeling tells me that, in exchange for your entering into drug treatment and then abiding by certain rules for a year or more (including no other arrests), that your case was then 'dismissed'. HOWEVER... if you are ever arrested in the future under a felony charge and convicted, then the drug charge would be 'reactivated' and then entered back into your record. If my gut feeling is correct, then you can safely answer NO to questions about criminal drug convictions.

    Personally, I would look for a Georgia attorney familiar with the trucking industry, and the FMCSR, to pose your question to, as you have a lot at stake riding on the advice given.
     
    Last edited: Sep 3, 2010
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  3. Shaggy

    Shaggy Road Train Member

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    """"DUDE""" you plead guilty !!!

    You sold your soul. Therefore,I hope you never enter my field of work.
    Go apply at burger king.

    I always wanted to drive since a young age. Not because i was convicted of anything. You make trucking out to the last resort and I dislike everyone giving advice.


    These are the people that give truckers a bad name !
     
  4. Shaggy

    Shaggy Road Train Member

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    If your dispatcher is offering dope, Don't you think it would be wise to report or just dumb enough to accept as the normal?

    Everyone has their own ability too account for the actions they do. In the local world word spreads quickly to bosses. Those skeletons get outed very quickly.
     
  5. thelastamericanhippy

    thelastamericanhippy Road Train Member

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    jacksonville, fl
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    Adjudication withheld.............

    now try to get it sealed or expunged, then it will be done with !!!!
     
  6. canuck in da truck

    canuck in da truck Road Train Member

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    western pa
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    hey stall--i wouldnt take the critism to hard--stuff happens and you arnt the first person to have a bit of history--myself i couold care less about what you did before--as long as you dont do it on the road---it used to be--back in the day--heres the bills and the pills get out on the road----thank god those days are mostely long gone--but there are people still out here running the cocaine express--and they should be hung
    as to your charge---if asked answer yes-- its the truth--if you try for fast card you have a challenge---a pardon doesnt cover crap--you can try for a waiver but it is costly and takes awhile
    if you fart--homeland security knows it---i was given very good advice by a very nice ladie there--"if i ask you a question--i already know the answer"--so regardless of what you hear---honesty is the best way
     
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  7. chompi

    chompi Road Train Member

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    You should send your idea to the insurance companies. They are the ones making these rules. Not the companies.
     
  8. sherd

    sherd Light Load Member

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    Jun 29, 2010
    Wilmington, NC
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    If you were told by the court or its agents such as your lawyer to answer "no". Then answer "no". Get it in writing. If it is an order of the court then it is not lieing. They would not say this if it would show up on background check. If the company somehow finds it then get another lawyer to sue your lawyer.

    I'm just responding to the legal answer you have the right to give. I make no response to your suitability to drive a truck.

    good luck
    sherd
     
  9. GasHauler

    GasHauler Master FMCSA Interpreter

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    Oct 23, 2005
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    I wish I could see the same attitude with DUI as some of you have shown for drugs. They are both agains't the law and when I was in the gasoline tanker the odds of someone drunk slamming into me were far greater than someone with drugs.

    That being said everyone deserves a break the first time IMHO. That is providing they are not dealers. If the guy has lived a straight and narrow life since he has had the trouble then don't comdemn him just because of what the substance was. We, the ones with experience, should all be teachers and advisors and help the people that have demostrated they have changed their ways. Now if someone has 2 or 3 DUI's or a couple of drug busts then THAT'S when we should tell them to find another career since they have shown a pattern. It's not hard to be courteous and reasonable.
     
  10. Boomer08

    Boomer08 Light Load Member

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    May 26, 2010
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    Well let's see. Probably tried marijuana when I was 18. The last time I smoked marijuana was when I was 20. At most I probably smoked it about 15 to 20 times during those two years. I went on and joined the Air National Guard and retired with just over 20 years of service and joined the Police Dept and retired with over 21 years. So Stallarjrs I commend you for admitting you made a mistake and was able to stay away from that crap since. You can do whatever you want and if it's driving a truck so be it. I would double check with another judge of attorney but that sounds right what they told you. Different states say things different like, adjudication to be withheld, where here they may say the record is sealed or it could be suspended imposition of sentence. Those are the only two that I can think might be on par with yours. Good luck.
     
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  11. stallardjrs

    stallardjrs Bobtail Member

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    Your gut feeling is correct. I'm going to call my attorney in Marietta this week and get a better understanding of this before I start applying to companies. I won't finish school until December so I should be able to get all this under control. I really do want to be honest with any and all prospective employers about this because that's the right thing to do. And I know there's gonna be a time where I'm gonna have to apply for a passport, TWIC card and all that so even if my record is sealed, I'm sure the feds and homeland security can still see it. Thanks for all you guys' help here. Too bad everyone isn't as willing to forgive and forget anymore although with the way things are nowadays I can kinda' understand why. Really suck that murderers, rapists, and child molesters have more rights than I do. But we all have to live with the choices we make.
     
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