Hit by drunk driver tonight

you couldnt be farther from the truth this is the best advice you never take a breathalyser or a field sobriety test my boy who was a truck driver beat his case because of it in the end it did take 3 years of going to court but in the end he beat it

 

sorry to hear this. get a copy of the police report, and make copies of that. usually some employers want a copy of that.

best of luck to you, and this should not take years to go to court.

 

Most states have laws against even refusing to take a breathalyzer or some other form of BAC test. You getting your license gives implied consent in these cases meaning refusing to take the test automatically nets you the refusal charges AND you still will be forced to take the test. Like here in Ohio the police can still use reasonable force to make you take one. So, not only will you still end up providing a sample, and be convicted of a DUI if you were in fact under the influence, but you will suffer the additional penalties of a refusal as well which, in Ohio for instance, carries a mandatory 1 year license suspension on the first refusal, and a $475 fine to get your license back once the year ends.

If you are innocent it makes no sense to refuse. If you are guilty, well, maybe you are lucky enough to live in a state where you can get away with a refusal being the lesser charge, but many states are fixing that loophole and, quite honestly, I approve wholeheartedly. No offense, but your boy deserved to lose his license if he was operating under the influence, if only temporarily at least.

 

New Jersey [and may other states] treat refusal the same as blowing over the limit and file DUI anyway, they say for safety but look at the revenue DUI generates, thousands in fines and revenue for the man who installs the ignition interlock [$1,500.00 here] plus the suspension; he is in deep crap and won't get around it in most jurisdictions

Get the report, it will show his insurance company, contact them and demand to 'BE MADE WHOLE' on their dime.

Save the report; insurance companies like to see them when determining if you are suitable to drive for a carrier they insure.

 

Keep the script. It won't show after a week or so of stopping it so the MRO won't be calling you over a urine test. The MRO calls to see if there is a legitimate reason and you have one BUT hair is different and until it becomes allowed by the DOT you won't have the MRO running interference so you may need the script as 'insurance' on the hair test. Any company using hair should treat this the same but you never know...

Under the current regulations, a clinical positive with a legitimate reason is reported to the employer as negative. The ONLY way the carrier might know is if the driver candidate fails to answer the phone when the MRO calls. There is a three day window and the clinic will contact the carrier on the second day asking for the potential driver to call which causes an alarm bell at the carrier and MOST of the time the clinic calls, the guy is dirty and never calls. After three days of trying to reach the driver the clinical results will be forwarded to the carrier as a positive. The Feds did try and protect the individual's rights and if the adopt hair testing should extend the MRO system accordingly

 

You're not going to have your career affected, don't worry. Since it was in your POV, I don't even know if it will show up on a DMV printout. Get your lawyer to hammer this dude's insurance company. If he's uninsured, put a lien on his house. Litigate it into the ground and don't talk to opposing counsel or their insurance company at all. You got this

 

Not disagreeing, in fact, I like your post.

Here's the thing that hurts...his bills will start to snowball. His insurance company may need to be motivated to take care of him and his bills while all of legal stuff takes place. Don't just sit and wait. You will never catch up. That lawyer's primary job is to insure that OP gets through this. Whether the drunk is insured or not is irrelevant. OP needs his bills paid. Period. If they get right on it, they normally have the money coming in by 2 weeks. This is why we pay FULL COVERAGE instead of liability. Right, Mr @Slargtarg?

The insurance companies on both sides will drag their feet. This is devastating to the pockets. Don't let it happen.

 

Could possibly show up on background check....a lot of companies do background checks thru hireright.

 

Yeah, it probably will show up. But it will also indicate he was not at fault, so it will be a non-issue.