FMSCR 392.5 a

For what?

AN OSS?

Did he get arrested?

Is there any proof otherwise that you can provide being where you are at and the truck/driver being somewhere else?

 

No he was not arrested he just shut him down for 24 hours.

 

I believe he is just an inspector. He is not a police officer. He just sits in the weight station and does DOT inspections.

 

Most likely he is a police officer.

 

My driver offered to take any test he needed to prove his innocence but he wouldn't do it.

 

My driver asked him to call the police and give him a breatherlizer test he said it wouldn't matter he still will be shut down.

 

Wow ! Glad I'm out of trucks.....but, let me make a suggestion to all......after any major event like this or a crash or wherever you fall under immediate suspicion........haul your butt to a hospital pronto and have blood drawn and a urinalysis run. It's gonna be $500 or so but it will clear you of all BS and YOU OWN THE TEST RESULTS.

I know, dropping $500 to save your arse is ridicules and you shouldn't have to....I get it but this could be a career ender. $500 is cheap insurance and it's tax deductible.

And a thought.....if a driver calls in and says DOT shut him down for suspicion of alcohol, drugs etc. The carrier is going to error on the safe side and side with the officer until it's proved different. That's the way it is .
They can't take the chance . If the driver has lied about consumption and goes on to kill someone the carrier is toast. Absolutely no defense, just write the check.

Op, get a lawyer....and good luck
JMO

 

Why didn't your driver call the police himself?

Look getting a lawyer may do something for the records later on, but the guy sitting at the scales are more often than not police who are assigned to that duty.

If this happened, then there is a report, no OOS happens without a report, it maybe something is being left out of what you're told.

ALSO if you own a truck and have drivers, why don't you have a lawyer, that's the first thing you need.

 

Chalupa, if there was a problem with any suspicion, they would not have just put the truck OOS, they would have had the cops there to investigate, this is what's puzzling.