2 beers, on day off, in personal car = fired

Discussion in 'Questions From New Drivers' started by 4wheelJoshua, Aug 4, 2011.

  1. Roadmedic

    Roadmedic Road Train Member

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    I still believe that they are incorrect.

    The attorney I listed is just one of them that agrees.

    But, they have the ticket book and it is not something to forward to testing.

    I know that a friend over here has a cdl since 20 years. He has not been in a truck in 15 years.
     
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  3. glynn1966

    glynn1966 Bobtail Member

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    as you should already know having a cdl changes everything with a cdl .04 is a dui i drink occassionally if i have 1 drink of alcohol i do not drive that is why they have cabs or dd you can drink mouthwash or cough syrup and get a dui with a cdl it does not matter if you are in a truck or your riding mower laws state .04 with a cdl is a dui
     
  4. goodchoice10

    goodchoice10 Heavy Load Member

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    I have a class A license in ohio, before I received my cdl, I beleive it was a class C. If your license has an upgraded class or endorsement, if you use it for that purpose or not, you still have the capability/authority, in this case, bac in ohio is .04 if you hold a cdl, class a or b.
    Maybe its just an Ohio thing, but it is the thing in Ohio.
     
  5. Roadmedic

    Roadmedic Road Train Member

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    It may be an Ohio thing, but the rules that I have read and the attorney link I provided make me question what you are saying.

    However, I do not drink, nor live in Ohio, so I do not worry about it.

    I know over in my state, several guys have cdl's and no longer drive. One did get pulled over for a possible dui, blew less than .008 and it was in a personal vehicle and no ticket issued.
     
  6. goodchoice10

    goodchoice10 Heavy Load Member

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    Clearly you like the debate, I'm game too. I will get the supporting information. And it still will say, cdl holder in Ohio, BAC .04, (or half the legal limit)
     
  7. Roadmedic

    Roadmedic Road Train Member

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    While you are at it, give that attorney a call and see what he says. Might be interesting to say the least. I know that Gashauler is in agreement on this with me as well.

    But, you have the right idea for the most part. If you want to drink, walk or cab.


    Just a thought for when you are in Illinois.

    Ever see the signs for no cell phone in construction zones?

    They are incorrect.

    The law says no hand held.

    So, each state has there issues.
     
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  8. Injun

    Injun Road Train Member

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  9. Roadmedic

    Roadmedic Road Train Member

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  10. ronin

    ronin Road Train Member

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  11. 4wheelJoshua

    4wheelJoshua Light Load Member

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    I guess it's like so many other legal areas, grey. Certain matters of law seem to be left grey for a reason and when it comes to alcohol on the road I am ok with it being left grey. The CMV vs. POV was the issue I was addressing and questioning with the original question. Even that seems to be grey and again I am ok with that as it pertains to drugs and alcohol.

    I have personally never had issue with officer discretion being used, but we have all seen others who have. In the end I think much of it is determined by how much respect you display to the officer on the scene. I read a great signature on here a few days ago that said something to the effect of 'Respect is automatic, Disrespect is earned'. I guess I just watch as it plays out with others more, but I don't drink anywhere near driving so I will never know firsthand. :)

    But I certainly did not intend for repetitious arguing. It obviously has played both ways clearly with no definitive answer. DieselBear pretty much clarified it all when he said that the circumstances vary and it is at the discretion of the officer. Sadly though the courts seem to use the same discretion.
     
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