FMSCR 392.5 a

A!T!T!O!R!N!Y !!!!!

Talk to a lawyer !!!!!

 

second that idea, sounds like a real bad deal, hope it works out for you.

 

Things like this is why CSA2010 could turn out to be a disaster to drivers. It appears diesel cops don't have to follow the same rules as regular cops do.

How do you fight a DOT citation, do you have a court date and right to go before a judge, or is it a ticket, and you pay without any recourse? I'm asking because I don't know. I've never been in this type situation with a DOT ticket. They were always small time, small cost, and I was guilty anyway, so I paid and went on.

 

It is one of my complaints about this. I believe rogue officers can and will do what they want.

 

I Agree, get an attorney. Unfortunately you will be un-employed in the mean time. Many states do not require a State trooper to provide a breath test. That is there discretions. Reasonable cause is all they need. The good news is with out it, it because his word against yours and the burden of proof is on the DA. Any good lawyer ca get you out of this.

 

I recently also had a 392.5a in the port of new mexico on 12/03/2012 after a 9.5 hour off duty, and yes i did admit to having a few beers at the big texan in amerillo, tx.along with dinner, my last beer was at 9:30 pm, woke up at 7:00 am and left the truckstop at 7:30 am. i drove 1.5 hours to the port, i was asked to enter for some paperwork, the officer asked if i watched the football game, i said yes, he then asked if i had anything to drink while watching the game, i answered yes with dinner, and i told him its been over 11 hours since my last beer. in his own words on the oos report (driver did not appear to be impaired or under the influence of alcohol at the time of the inspection, however the driver was placed oos for the odor of alcohol) in 28 years of driving i have never been put oos and was a (csa 0) before this oos, i was not asked to take a test, or did i refuse a test. if i had know i was going to have my lease cancelled i would have demanded a blood test to prove my inocence, after i was placed oos the officer said i could go to the next exit to the truckstop to serve the 24 hour oos, now mind you i was pulling a double drop tri axle trailer loaded with a 12' wide load and the trailer stretched out to 62' weighing 105,000 lbs. if the officer was concerned about me having consumed a beer within 4 hours of going on duty, he would have never let me leave the port, so if anyone has ever had a lawyer help them with this dac problem (392.5) please respond

 

My driver was just falsely accused of drinking at a New Mexico DOT inspection. They checked everything on the truck and looked inside the truck and could not find any alcohol of any kind. My driver doesn't even drink. They shut him down for 24 hours. This is ridiculous how can you refute these allegations? Does anyone have a name and number for an attorney?

 

I think the state of New Mexico DOT inspectors are crooked and corrupt. The inspector could not find anything on my driver but he runs out the building saying I smell alcohol and shuts him down for 24 hours.......Terrible!!!!

 

Is there anything you can do at this point? What kind of attorney do you call?