having a beer or wine.

Well there is that Lawyer J Noble Daggett Keppler story going around about the driver who slid his truck into an icy ditch and got stuck. Company said they would dispatch a tow truck in the morning, so the driver walked over to a bar and had a few cold ones. He returned to the truck and fired it up to stay warm. About 0200AM a trooper knocked on the door and arrested the driver for drunk driving even though the truck was stuck in the ditch, the keys were in the ignition and the driver was .005 BAC. Lost his license and his job, last heard working for the fast food industry.

 

You'll find that north of the 45th parallel, away from the bible belt, many truck stops have bars. I'm enjoying an adult beverage at the bar inside the TA in Troutdale, OR as I type...

PS: Having alcohol in an unladen CMV while off duty is legal!!!

Question 3: Does the prohibition against carrying alcoholic beverages in §392.5 apply to a driver who uses a company vehicle, for personal reasons, while off-duty?

Guidance: No. For example, an owner-operator using his/her own vehicle in an off-duty status, or a driver using a company truck or tractor for transportation to a motel, restaurant, or home, would normally be outside the scope of this section.

http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=392.5&guidence=y

 

Truck is in the ditch, so the driver gets drunk? Sounds more like a line of BS that got fed to the prosecuting attorney!

 

Reality is many of drivers just don't care about the stupid fmscsa rules and regulations

Go to any truck stop in the south you'll see a plethora of discarded beer cans

 

I get home at or about 4 AM- 5AM daily. if it was for whatever reason a difficult night, I will have a beer or 2, then go to bed. I have to be at work at or about 8 PM nightly, so at dinner time around 5 Pm, I only have sodas or water.

it should probably be pointed out, that if one is at a restaurant or some other eatery and your truck is parked nearby or on that property, get in the truck on the passenger side, and do not start the engine, in fact, make sure it is off when you exit.

I do not know how true it is, but I have read where people enter the drivers side, and start the engine, where if a cop is watching, you can get hit with an OWI charge..???

anyone confirm or deny this..???

 

from what I recall reading about mouth wash, the alcohol content, once you use it, dissipates rather quickly. I would imagine one could be re-tested, if he proclaimed he rinsed his mouth out.???

it explains some things here:

http://www.lifeguardbreathtester.com/Select_Breath/pbt_myths.shtml

 

It wouldnt surprise me in the least.

I know of a couple of instances of cops pulling worse. My friend got arrested for ovi in ohio in his driveway. The vehicle involved was his harley, on a stand, back wheel wasn't even on the bike.

Needless to say charged was dropped. Cop spent a few weeks behind a desk.

 

if the bike did have both it's wheels, and IF the bike was in the street, in front of his house, THEN I could see the cop handing him a ticket. but to be on private property, and no way to drive off, seems a bit to much of a stretch for the cop to have done so. What would be next, to have a vehicle in the backyard, or in the garage and drinking and the cops enter the yard or garage and hand out tickets..???

if many of the idiot cops spent more time patrolling the area, or on the roads handing out traffic violation's that stick, rather than useless ones, the town coffers would be better off.

 

You ever notice that these wild claims of cops arresting people for seemingly ridiculous events are always someones buddy or neighbor or cousin......

Never the actual person involved that may have some actual facts.

 

Actually I do have facts. I was there when it happened. It was july 1994 in New London Ohio.

These stories arent outlandish. Its pretty easy to find numerous news reports.