Wipe off the dust, move forward, and try to repair your record, with lawyers, or time. Anything is possible.
2 Speeding Tickets and a Drug Possession - Who Will Hire Me?
Discussion in 'Questions From New Drivers' started by reddg, Jun 29, 2011.
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i understand where ppl are coming from and i also know that some hasnt done anything in there life. this is not a comercial where guys pull up at a drive thru and kill a kid or some girl melts into the couch. its marijuana and in the real world it does nothing like that. now ppl might get in a wreck or something and claim that was the cause but there full of it. i did like to get around a bit faster but that was the past and so is the drug. these companys have such high requirements due to some of the past drivers. my kids are my top priority now and nothing else. i just want to keep food on the table. and its 2 driving convictions and a misd. one driving conviction in one year second conviction in 2 years and drug charge in almost 3 years which was a possession.
Last edited: Jun 29, 2011
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I think what reddg has is a synergistic problem with his driving record and his past legal problem. The speeding tickets are pretty major (15-19 mph over the posted limit) and they occurred over a very short period of time (less than 2 full years). Then just before these tickets he has a possession charge. Cumulatively, what does this say about reddg to someone who doesn't know him (say a trucking company) for the great family guy that he is? I'd say most would say here is a guy who is demonstrating some anti-social tendencies and I would not take the risk of him behind the wheel of my truck. If he had ONE ticket or no tickets OR ONE possession charge three years ago with no tickets, I think there would be employers that would be willing...but not with his recent cumulative pattern of behavior.
If I was in reddg shoes and I couldn't get out of the CDL school, I'd finish (and get my CDL) but get a job in another occupation for a few years (and stay at the job...one job). This would ebgin to develop the pattern of a mature, changed individual which would allow a potential trucking employer to give him the break he needs. At the same time, I would begin the process of getting my record expunged. I quote:
MY CRIMINAL DEFENSE ATTORNEY SAID THAT BECAUSE I WAS CHARGED WITH A MISDEMEANOR AND I HAVE NO PRIOR RECORD, THE ACQUITTAL MEANS I SHOULD BE GRANTED AN EXPUNGEMENT. IS THAT CORRECT?
Yes. In this circumstance if a petitioner seeking expungement has no prior criminal record and the arrest was for a misdemeanor violation, then the applicant shall be entitled to expungement relief unless the Commonwealth Attorney's office presents good cause at the hearing on a petition to show the court why the remedy should not be granted. Virginia Code § 19.2-392.2'F. This (only one criminal case, a misdemeanor charge and no prior criminal record) presents a simple expungement application (see form petition) that is most likely to be approved by a judge. This is an application that may be easiest to bring, without assistance of counsel.
I WAS CHARGED WITH A FELONY, WHAT DO I HAVE TO DEMONSTRATE TO THE COURT TO BE GRANTED AN EXPUNGEMENT?
The court may require clear evidence, such as documentation from a prospective employer, of need for expungement. Speculation about possible difficulty in seeking employment or housing in order to expunge an eligible charge may not be enough. Miller v. Commonwealth of Virginia, 55 Va. Cir. 110 (2001). Some employers may require "clean" criminal histories to offer employment, and they may be willing to document this requirement in a brief letter that can be attached to the petition. Unlike a simple expungement application, if the charge that was dismissed was a felony, then the burden is shifted to the petitioner to demonstrate "that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice." Virginia Code § 19.2-392.2'F.
Expungement of the offense, a couple of years with one employer, and no more driving violations would go a long way in allowing/helping the vast majority of fair-minded trucking employers to give reddg the opportunity he wants to become a professional, commercial driver. The ball is in reddg's court, how will he return volley?Last edited: Jun 30, 2011
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Cant argue with that...
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Bigarmin88, Rerun8963 and American-Trucker Thank this.
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Seriously, there is a world of difference between small infrequent lapses and doing bad things often enough that you get caught over and over. A wise man can learn from the mistakes of others and a dumb man can't spot a clue when it's flashing like neon and it's tied around his neck and dragging him under the waves. But, rather than noticing the clue it's more psychologically safe to pretend everyone else is just avoiding destruction because they are lucky. It's not true. Nobody is perfect and nobody is expected to be perfect and nobody is being judged by perfection.
This industry's environment is one of non-discipline and excuse making and it shows. Driving is seen as a skill everybody has been doing since they were 16 and everybody should just know things, even though the worst thing you can do in the industry is point out lapses.
Industries and operators that do more and less complex tasks have a better record than trucking and the industry response is to just accept it. The industries with better records universally don't just accept bad outcomes will happen, they systematically impose good habits and monitor compliance. -
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Me personally, I would get my 5 grand back and hire a lawyer to see if he could get your record expunged. If he can than that would be the best use of your money, not trying to get a CDL right now. Try to get a lawyer that plays golf with the judge that was presiding over your case. -
look for a small company they will hire you special in chicago area.
reddg Thanks this.
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