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Please help! Complicated DUI case.

Discussion in 'Trucker Legal Advice' started by joefats, Sep 19, 2012.

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  1. Sep 19, 2012 #1
    joefats

    joefats Bobtail Member

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    Hi,

    I am in a bit of a pickle and don't know where I stand. I got a DUI back in June in the state of Oregon. In Oregon, there is both an administrative proceeding and a criminal proceeding where in the administrative, your license is subject to a 90 suspension. So I have lost the administrative hearing so my license is suspended for 90 days. However, my lawyer recommended that I appeal as he didn't think the cop had probable cause to pull me over. In the meantime, we are extending the criminal proceeding until the administrative hearing gets resolved. In the meantime, can I drive a truck in other states besides Oregon? My license is from California and as far as they are concerned it is still valid. I have an opportunity for a great local job in California that I want to take but don't want to jeopardize myself or my company. Please help!!!:biggrin_25516:
     
    joefats, Sep 19, 2012
    joefats, Sep 19, 2012
    #1
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  3. Sep 19, 2012 #2
    joseph1135

    joseph1135 Papa Murphy

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    No. A DUI is a DUI. There's nothing complicated. You drink, You drive, you lose. It's going to be 5 to 7 years before anyone will take you. Next time, don't drink & drive. You're a professional. You know better.
     
    joseph1135, Sep 19, 2012
    joseph1135, Sep 19, 2012
    #2
    Hanadarko, TRKRSHONEY and crb Thank this.
  4. Sep 19, 2012 #3
    pilottravel2002

    pilottravel2002 Medium Load Member

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    No matter if your dui is in ny or az still on your record and your license is suspended nationwide,so no you cant drive.
     
    pilottravel2002, Sep 19, 2012
    pilottravel2002, Sep 19, 2012
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    TRKRSHONEY and crb Thank this.
  5. Sep 19, 2012 #4
    thankgod

    thankgod Bobtail Member

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    why would you ever drink or drive with a cdl, thats stupid.
     
    thankgod, Sep 19, 2012
    thankgod, Sep 19, 2012
    #4
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  7. Sep 19, 2012 #5
    joseph1135

    joseph1135 Papa Murphy

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    Thats all there is to it. It is what it is. Of you drive a truck and you drink and drive, you will end your driving career.
     
    joseph1135, Sep 19, 2012
    joseph1135, Sep 19, 2012
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  8. Sep 19, 2012 #6
    Wooly Rhino

    Wooly Rhino Road Train Member

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    The license process is subject to an administrative decision. I am speaking for the state of Missouri on this. Your state may be different. The State can suspend your license at anytime for any reason. They can suspend it by mistake. It doesn't matter. The courts have ruled that the right to drive is a privilege not a protected right. You can get a court to order the suspension overturn and you license reinstated but until you do, you cannot drive. You also have a DUI. If you win in court, you have to get it expunged.

    A lawyer will tell you, he will take the case to the US Supreme Court, right up until he gets paid. Follow through with this and make sure he does what he tells you he will do. Or plan on another career.
     
    Wooly Rhino, Sep 19, 2012
    Wooly Rhino, Sep 19, 2012
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  9. Sep 19, 2012 #7
    crzyjarmans

    crzyjarmans Road Train Member

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    yes it stupid, to drink and drive anything, But, his licence is still valid, only in Oregon, he wont be able to drive, A CDL licence is still state issue, not federal issue, Oregon cant suspend a licence from another state, They can only keep him from driving in that state
     
    crzyjarmans, Sep 19, 2012
    crzyjarmans, Sep 19, 2012
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  10. Sep 19, 2012 #8
    joseph1135

    joseph1135 Papa Murphy

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    But it is still reported. Several states report to other states. It's only a matter of time till California knows what Oregon knows.
     
    joseph1135, Sep 19, 2012
    joseph1135, Sep 19, 2012
    #8
  11. Sep 19, 2012 #9
    joefats

    joefats Bobtail Member

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    Aug 22, 2012
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    Yeah, it was stupid, was on vacation. Designated Driver appeared to be drunker than I was as she was passed out in the back seat. It was like 3:00 in the morning with no one on the roads at all. Took it very slow and tried to be as safe as possible. had an altercation with a couple of fellows in a parking lot so didn't feel safe walking as it was only a 1/4 mile back to the house. oh, and FYI, i've pretty much quite drinking since then. Anyways, just to clarify, I HAVE NOT been convicted of any criminal proceedings so far, only administrative and I'm appealing that. My lawyer, who is working pro bono, really thinks we can change Oregon law as this specific piece of case law has been decided in my favor in sister states Arizona and Washington.
     
    joefats, Sep 19, 2012
    joefats, Sep 19, 2012
    #9
  12. Sep 19, 2012 #10
    48Packard

    48Packard Ol' Two-stop Shag!

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    Not to be an intellegent posterior, but this just struck me funny.

    "She appeared to be drunker...."
     
    48Packard, Sep 19, 2012
    48Packard, Sep 19, 2012
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