DWI Dismissed by the courts seeking a bulk tanker job need your advise

"They came first for the Communists, and I didn't speak up because I wasn't a Communist.
Then they came for the Jews, and I didn't speak up because I wasn't a Jew.
Then they came for the trade unions, and I didn't speak up because I wasn't a trade unionist.
Then they came for the Catholics, and I didn't speak up because I was a Protestant.
Then they came for me, and by that time there was no one to speak up."

 

Keep in mind that his arrest was only dropped because he completed a conditional discharge program. Not the same as the cop messing up and him not really being drunk. Basically the court system said; hey we know you were drunk but since this is your first time we will cut you a break. All you have to do is go to a drunk driving class a few times a week, submit to drug/ alcohol tests during that time and lose your license for a bit. If you keep your nose clean during that period of time we will let you slide on this one. But don't do it again. He "WAS" proven guilty but they are giving him a free pass.

A criminal record will never go away unless it is expunged. Which I agree is bull crap!!! I have a record from 21 years ago and it's still there. They want you to pay them more money just to get it erased. I'm doing mine right now and they are giving me the runaround! I just got a letter yesterday saying there isn't enough time before my court date to process my expungement. The court date is two months away from when they set the court date. I had to send out notice within 5 days from the judge signing the order of the court date to everyone that was involved in my case. For example: police department, probation, prosecutor... Well I didn't get the signed paperwork back until the 5th day and it was on a Saturday after the post office closed! So because I sent the notice out 2 days late( their fault) it was postponed. Probably for another two months. Now I have to do all this all over again. And it cost me $62 to send them all out first class mail the first time. And now because they didn't get the paperwork to me fast enough I have to pay it all over again. Hopefully this time they give me enough time.

It's ridiculous but if I didn't commit the crime in the first place I wouldn't have to deal with it. Right!!

 

I really hate that I know this much about this subject!! Ahh, if only I could go back in time. I would do things a little different!

 

I guess that's why they make it hard on you. If it was easy then people wouldn't care. It's made me aware that my actions have a consequence.

 

Rizob, where did you get that from?

 

Ah, I missed that part. In that case he should be talking to a lawyer to get everything, Including his driving record wiped clean. As long as he can prove it was wrong he should be good to go. I was thinking he went through a program and then they dismissed it. Which in a round about way is saying you are guilty but they are cutting you a break. If the breathalizer was wrong I would have had a lawyer all over this case before I even lost my license. Unfortunately, If it can't be proven wrong there is no way to remove it from the DMV record.

 

There's something not right here. If the companies are looking at the requirement of the FMCSA then you should have had no suspension unless you did something wrong with the 391.15 requirement. And those requirements mostly deal with any incident while driving a CMV. The ones that will get you no matter what are, refusal to testing, dealings in any way with identified schedule 1 controlled substances, and leaving a scene of an accident. I don't know if your state has more requirements and I would only know if I dug into your state books, however, just about every other case the state will follow the federal requirements.

If the state does not interfere here then it looks like you may have just screwed up and waited to long to correct the mistake. Be very careful when you read the requirements because there are a lot of requirements that only apply while operating a CMV. If it were me and my CDL was taken away and I was not drunk and I followed the law I would hire a lawyer to fight for my CDL and job. Please if anyone quotes a law or requirement list that law so others can check. People do more harm than good when they just talk of the cuff because sometimes the information is not 100% correct or it doesn't apply. At this point if you have not violated the 391.15 requirement it's time to either find another job type or fight it through a lawyer.

 

Simply put, it sounds like you will need 5 YEARS MINIMUM free and clear of that DUI to be hired somewhere....... I said minimum because some places want 7 years and a few want 10 years.......furthermore........A FEW places want NO DUI'S (which you can get around sometimes if it has dropped off (purged from your MVR) in 13 years (in Cali, 10 I think: in other states)