Careless Driving from 2013, in a CMV but no conviction (found not guilty)

Discussion in 'Questions From New Drivers' started by BamaDuck, Dec 22, 2016.

  1. HotH2o

    HotH2o Road Train Member

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    I've never seen an employment app that asked to list tickets. The ones I'm experienced in asked to list convictions. Since the OP was found not guilty that is not a conviction. In fact it's like it never happened.
     
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  3. Wooly Rhino

    Wooly Rhino Road Train Member

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    This is an example of why you only answer the questions asked and never volunteer anything. There is no record of a not guilty charge that non government folks have access to.

    Keep your mouth shut.
     
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  4. Moose1958

    Moose1958 Road Train Member

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    The OP should not have a MVR record of the charge. This is true, but is is not all of the story. The OP was terminated because of the charge and most likely the hitting a fixed object. Once Schneider chose to make a job action it became part of his Schneider history. The termination most likely is on his DAC. The reason most likely is not. If asked by a new company why he was fired I would suggest just saying I hit a fixed object. This way hopefully will be the end of it. However if a release is signed and Schneider is asked for more info, this may be part of it and you can never tell how it will be handled. It sucks but all I can say is welcome to interstate trucking in the information age.
     
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  5. bobtrucks2204

    bobtrucks2204 Light Load Member

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    Well, yes and no.

    Some years ago I had a minor HOS violation and received a citation in MD. Went to court and the officer didn't show. So, I was found not guilty. Some months later the company was going over their CSA scores during a safety meeting. They were showing me with points on their score. I wrote an appeal and got a kinda nasty response back from the MD State Police saying that regardless of the finding in court, the offense stays on your record forever.

    Now the points have dropped off but the violation is still there.

    Some thoughts to keep in mind: Always, always go to court. The officer may not show, you might have evidence to dismiss, the fine may be lowered, the judge may have had a good morning workout with his wife and is feeling generous today.....

    CDL drivers have two or three driving records. Your state MVR, the PSP and the CSA. A citation will always show up somewhere with a notation of convicted or not. If you are not honest it may bite you where the sun don't get to.

    Your CSA score affects the company CSA score and their insurance costs. Violations are rated with numbers and time multipliers. Check out the FMCSA website for some good reading.

    In this information age it's pretty much impossible to hide anything
     
  6. Moose1958

    Moose1958 Road Train Member

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    @bobtrucks2204 I am beginning to think this trooper might have been a MCSAP/CVSA/DOT certified cop that also did a long form on him. This the only reason I can think of for Schneider to know about it unless the OP told them about the charge because he did serious damage to those wheels. If this is true there is a record. The OP only said he was stopped on I 5, It has been a while for me but I don't know about the state troopers in those 3 states.
     
  7. BamaDuck

    BamaDuck Bobtail Member

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    My DAC says I quit, although my DBL told me they were letting me go.

    And the Schneider recruiter on the phone this week told me that it doesn't matter that I was found not guilty, that even "a charge" means you have to wait 7 years. They made it clear that I was "welcome to apply again in 2020" which I would have found funny ordinarily... and I kind of do now that some time has passed.

    I want to be honest, but I know I can be a safe driver and I'm afraid that being honest is going to keep me from getting hired. I think maybe I was too honest in even telling Schneider that I got cited, although if they found out I think they wouldn't have put on my DAC that I quit, and under eligible for rehire it would say NEVER instead of AFTER REVIEW.

    Thinking I should call the instructor from driving school who said 4 years ago to call him if I ever needed anything. He made it clear he didn't care how much time had passed.
     
  8. BamaDuck

    BamaDuck Bobtail Member

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    The trooper did do an inspection and put the trailer out of service (not me). It wasn't towed, though. Just roadside repair.

    I don't know if it was long form. I will dig it up when I get home.
     
  9. BamaDuck

    BamaDuck Bobtail Member

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    I was let go before the not guilty verdict, after my DBL had said they were sticking by me and hoping I was found not guilty. I think now, in hindsight, he was just misinformed about the actual corporate policy regarding being cited. And/or he was just going out of his way to give me a couple extra weeks of benefits and prolong COBRA.

    I kinda remember now calling him after not guilty, and he was very happy and said he thought I'd have no problem finding a job.
     
  10. BamaDuck

    BamaDuck Bobtail Member

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    I waited so long to apply in earnest to other companies because I was just totally bewildered about how to handle this. My instinct is always to be dead honest, but I care about this profession and don't want to be shut out. But if companies find out I'm holding something back, I'm afraid they will put me on some LIAR DO NOT HIRE list for life.

    I started the process this month because I'm trying to just bite the bullet and put myself out there so I can move on. A lot of death among family and friends lately and it's making me just say #### it, you have to go for what you think you need to do in life.
     
  11. alghazi

    alghazi Road Train Member

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    You have received advice about this from some very knowledgeable people--the consensus of which is to not list the citation because you were not convicted.

    Are you looking for advice, or are you looking for someone to validate your (foolish imo) desire to disclose the dismissed ticket?
     
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