7 Points for not switching to SB after Off Duty

Perfectly legal now, but pre-2012 it was illegal to log Off Duty in or one a commercial vehicle unless the time was spent resting in the Sleeper.

 

And there's the problem. Incompetent instructors unfamiliar with the regulations preaching this nonsense to students, reinforced by so-called trainers still wet behind the ears themselves, likely graduates of the same incompetent instructors. Meanwhile, because they've heard the same lie from multiple sources, that newbie elevates that piece of misinformation to gospel truth status and starts preaching and defending it to the bitter end without knowing any better because he's never bothered to look it up for himself.

 

It's called knowing the rules of the game you're playing. It's also called being a professional.

 

Where do you think that right to remain silent comes from? I'll give you a hint: the 5th Amendment. It applies to more than just a court of law while under oath. You have the right to shut your piehole ANY time you have a government agent attempting to coerse information out of you.

 

Yes. I am super professional because I know the rules but I am not fascinated by them. I am actually abhorred by some of them and would not mind breaking them, if possible. The op story and those who justify the cop action of issuing the serious citation make me sick.

 

I think I did not get my point across. One would only plead the 5th if they were forced up onto the witness stand. Well, I guess someone could plead the 5th anywhere they want if they want to look like a fool lol.

Right to remain silent comes from Miranda Rights stemming from a 1966 case. 5th Amendment rights are all about not being a witness against yourself originally amended to the Constitution in 1789. They are related and intertwined but one still does not invoke or plead 5th Amendment at roadside; one would do this under oath up on a witness stand after having been indicted by a Grand Jury then compelled/forced through subpoena to become a witness.

The amendment as proposed by Congress in 1789 reads as follows:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 

"nor shall be compelled in any criminal case to be a witness against himself"

I think it applies to this. The DOT officer is the judge and jury and is trying to get you to testify against yourself by asking you to answer incriminating questions. They can do anything they want and none of us have the time or money to fight them. Sad!

 

You don't plead the fifth. You say officer all the information you are asking for is right there in that log book. Repeat as nessacary.

Only a fool answers questions when being interrogated. Anything you say can and will be used against you in a court of law.


The point a couple were trying to make is you do not have to answer any questions. It's there job to investigate not yours to help them

 

I saw an interesting video, I think it was posted on this forum a while back. A guy refused to flip his signals and brakes during an inspection because it could end up with him incriminating himself. He said to the officer that "you are free to do it yourself, but I will not assist in your investigation against me" Can't remember the outcome, but I don't think it ended well. It did feel good see a driver with the courage to give them a hard time. If anyone knows the video, please link.

Did a little googling and this does not play well with the law. You have the right to not assist. You do not have the right to a clean CMV record.

Like I said earlier, I've never been inspected and hope I never will be, I burn fuel to avoid scales. I hope I don't encounter some of the horror stories I hear on here if I ever am.

 

There is a difference in turning on lights hitting brakes etc. When I hand him a document that has my timeline on it there is no need to ask me questions like where did you get fuel 3 days ago? It's written in plain English.

Funny how everyone wants to twist words into something they are not