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breath test problems

Discussion in 'Experienced Truckers' Advice' started by oshawasue, Mar 16, 2016.

Page 4 of 10
  1. Mar 16, 2016 #31
    Pete jockey

    Pete jockey Medium Load Member

    502
    518
    Feb 28, 2015
    North of Pittsburgh Pa
    0
    Weigh station is same as scale
     
    Pete jockey, Mar 16, 2016
    Pete jockey, Mar 16, 2016
    #31
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  3. Mar 16, 2016 #32
    oshawasue

    oshawasue Light Load Member

    80
    15
    Nov 17, 2014
    Canada
    0
    Hubby did tell me WHERE...I'm trying to remember...I think it was Virginia
     
    oshawasue, Mar 16, 2016
    oshawasue, Mar 16, 2016
    #32
  4. Mar 16, 2016 #33
    oshawasue

    oshawasue Light Load Member

    80
    15
    Nov 17, 2014
    Canada
    0
    BTW: Thank you EVERYBODY for your help!!! <3
     
    oshawasue, Mar 16, 2016
    oshawasue, Mar 16, 2016
    #33
  5. Mar 16, 2016 #34
    TROOPER to TRUCKER

    TROOPER to TRUCKER Anything Is Possible

    7,678
    12,754
    Dec 15, 2014
    Charlotte, NC
    0
    Virginia is probably right that was my first guest.
     
    TROOPER to TRUCKER, Mar 16, 2016
    TROOPER to TRUCKER, Mar 16, 2016
    #34
  7. Mar 16, 2016 #35
    TheDude1969

    TheDude1969 Heavy Load Member

    807
    823
    Jun 10, 2013
    Joliet, Il
    0
    Its been 10+ yrs, since I've dealt with such an issue. So I don't claim to be an expert! But back then anything below 0.02 was not a violation, or at least it was not an out-of-service violation... unless the ticket was written as consumption within 4hrs prior to duty. <---that supersedes the BAC minimum.
     
    TheDude1969, Mar 16, 2016
    TheDude1969, Mar 16, 2016
    #35
  8. Mar 16, 2016 #36
    oshawasue

    oshawasue Light Load Member

    80
    15
    Nov 17, 2014
    Canada
    0
    TheDude... Hubby was loaded up with the trailer at about 7AM...and by 8 or 9 he was at the weight station being weighed.
    HOW can they write a ticket as "consumption within 4 hours prior to duty"?? wouldn't that be illegal towards ANY driver, because you cannot tell when alcohol was consumed, unless there's a tonne of for smell on the breath? (I would assume)
    And yes, I looked it up... the amount they "say" he blew is not at violation levels...
    The weight station also ticked off the checkbox that said they presumed he was on drugs, or possessed them...so they checked his truck thoroughly, and found none.
     
    oshawasue, Mar 16, 2016
    oshawasue, Mar 16, 2016
    #36
    TheDude1969 Thanks this.
  9. Mar 16, 2016 #37
    TheDude1969

    TheDude1969 Heavy Load Member

    807
    823
    Jun 10, 2013
    Joliet, Il
    0
    Mrs. Oshawasue, I'm not making an argument against your husband, only posting my experience, in hope it will help your situation. I'm in total agreement with you.
    Since he was written/ charged for a violation which may not be accurate, It is my experience they will try to make it more accurate with a different violation and amend the first.... Thus like they did my driver, and rewrite the charge without the person present even though it was a minimal fine.

    I wish you both the best!
     
    TheDude1969, Mar 16, 2016
    TheDude1969, Mar 16, 2016
    #37
  10. Mar 16, 2016 #38
    oshawasue

    oshawasue Light Load Member

    80
    15
    Nov 17, 2014
    Canada
    0
    TheDude, does that kinda mean that they are looking for any excuse to give him a fine? Because that's what hubby said, he said it felt like they were looking for any excuse... first with the heavy load, then the breathilizer, then the checking off of the "drug possession" box. He was alone at the weight station at that point (no other truckers), and the guy went inside the building without hubby... they even checked his truck inside thoroughly without him present. I told hubby to NEVER, EVER do that again, let them check his truck without his presence.
     
    oshawasue, Mar 16, 2016
    oshawasue, Mar 16, 2016
    #38
  11. Mar 16, 2016 #39
    oshawasue

    oshawasue Light Load Member

    80
    15
    Nov 17, 2014
    Canada
    0
    and TY!
     
    oshawasue, Mar 16, 2016
    oshawasue, Mar 16, 2016
    #39
  12. Mar 16, 2016 #40
    flightwatch

    flightwatch Road Train Member

    1,249
    1,250
    Jun 22, 2011
    Somewhere in Texas
    0
    Wait. The CDL BAC limit is 0.04. If his BAC was a 0.016 when he blew, they should have sent him on his way. Then after the breathalyzer, the scale house ticks off the "possible narcotics use/possession" box? Something's not right there. It sounds like a call to an attorney well versed in DOT law might be in order.
     
    flightwatch, Mar 16, 2016
    flightwatch, Mar 16, 2016
    #40
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