Can you get you're CDL and drive trucks with a Drug related Misdamenor probation violation?

Discussion in 'Questions From New Drivers' started by KStarkie, May 13, 2015.

  1. KStarkie

    KStarkie Bobtail Member

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    True. I worked up at a garbage company for 9 months as a loader, and my driver always used to tell me get my CDL id make a great garbage man but I always told him I don't see my self being in the trash business any longer. My dream job of course is Concrete trucks or Asphalt pavers like my grand father did before he got into Car hauling. But cool thanks for you're post.
     
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  3. crzyjarmans

    crzyjarmans Road Train Member

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    Sorry but if you have a drug problem, and yes that goes for pot, you should seek employment other than driving a truck
     
  4. lfod14

    lfod14 Road Train Member

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    Not really, Probation Officers aren't Law Enforcement, and their not Judges. He probably said no because he's on probation FOR that drug charge so if his background is checked it will show that charge as pending until the probation is up and it's dropped assuming he doesn't violate his probation. But they can't just make stuff up as they go, with few exceptions the terms of probation are determined by the Judge, not the P.O.

    I MAY have been on probation once or twice :)
     
  5. flood

    flood Road Train Member

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    DOT medical and Doctor's have no say about this..... he doesn't have a prescription for Xanax..!
    he's on probation for USING XANAX without having a prescription.... ie: illegal drug use
     
  6. TankerP

    TankerP Road Train Member

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    Being on probation does not mean that you are free. You maybe living outside the prison walls but your original sentence still stands and your rear end still belongs to the man. The probation officer can send you back to prison with nothing more than just a signature. No judge, no jury, no medical expert opinion is required.

    Talk it over your probation officer and don't do anything that will give him an excuse to send you back to jail. Because yes he can send you back if you break any stipulations of your probation.
     
  7. GasHauler

    GasHauler Master FMCSA Interpreter

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    I agree 100%. By the way it sounds your probation officer is not up to par on the regulations for getting a CDL. I would get a copy of all the disqualifying rules and show him. Make sure you have all the regs and whatever you do don't try to up him. Whatever he says will be checked by the company that hires you, so you'll want a smooth transition.
     
  8. lfod14

    lfod14 Road Train Member

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    Wrong, a P.O can surrender you if he feels you've violated your probation but he alone doesn't have the authority to put you in jail. When a P.O. puts you in violation of probation and they either tell you to come in or bring you in forcefully, then you go back in front of a judge where the determination is made and then the original sentence is either imposed, or whatever the Judge wants to do really. Sometimes you just get warned, fined more, probation extended etc. P.O's are just contacts/middle men in between you and the sentencing judge. Nothing more.
     
  9. TankerP

    TankerP Road Train Member

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    You are correct. I forgot the part where he brings you in front of a judge.
    So now you're in front of a judge, no jury, and it's his word vs. yours, guess who wins? This is not a trial of a crime, it's review of your parole. Standards are low.
    My point was to avoid getting there to begin with.
     
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