breath test problems

I wasn't up to hunting their laws just referencing ours not sure what other states do.

 

Im sure someone else will chime in with this but, doesnt the law read "any detectable alcohol"? I think its oos for any detecrable odor or otherwise. Also the law states that you may not be uder the iffluence of alchol 4 hours prior to going on duty. .01 is under the iffluence.

I cant imagine getting a red light, blowing .01, and the officer sending me on my way. At the very least your oos.

That my understanding anyways

 

Ok, so he blew a .016 on the less accurate handheld breathalyzer. The inspector will not show him the readout and takes it to another room to write it down. He then gets sent to get a more accurate BAC at the highway patrol station which came back negative...twice. So, they can't get him for alcohol. Instead, the inspector writes him up for suspected drug use/possession and still submits that he blew a .016. His company takes his load away and reroutes him to the terminal...most likely to terminate him and end his driving carrer.

Do you see the problem here?

 

What was the charge on the ticket, if any, or reason for Out Of Service violation listed as on his inspection? I'm curious???
I'm no LEO, like Trooper is; this is just speculation:
I stop short of assuming the trooper was looking to write him a career ending ticket, when a simple seat belt citation would do for any quota... I would rather guess your Mr. was very nervous which I could imagine in that situation, and the officer mistaken his reaction for something illicit. There is a list of items that will show positive BAC from mouthwash to cologne and I've even heard rumours of menthol ciggs, and e-ciggs. <-- IDK whats true?
But what I do know is my drivers situation, where a trooper wrote an OOS ticket and Report for 0.019 and wasn't valid under the law (at that time, I'm not sure if thats changed?) So three weeks later he received a letter stating his citation was amended to consumption within 4hrs prior to duty, which does not have a BAC minimum. It was only a $50 ticket, which he paid by mail and by doing so is an automatic guilty plea. I can't tell you the mess that would cause today, but it really F*kd my FMCR back then... So I assume his MC will be franticly trying to fix this.

 

Yep. He's done driving a truck until he gets that pulled from his record. He might be able to find a small local outfit that will let him run, but this will show up on his PSP. Also, the company that just let him go needs to help him fight this. This is really going to hurt their BASIC score too.

 

????????????? Maybe!

http://www.vice.com/read/my-gut-turns-yeast-into-alcohol

 

Ok get a good attorney. Check into possible illegal detention but let a good attorney handle any and all questions.

 

what company was he working for?

 

If the insurance company won't cover him, how was he able to drive the truck back to the terminal, while technically not being covered by their insurance?