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Have not seen this before...

Discussion in 'Questions From New Drivers' started by 9STM68, Jan 23, 2009.

Page 1 of 4
  1. Jan 23, 2009 #1
    9STM68

    9STM68 Bobtail Member

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    Jan 23, 2009
    0
    I am looking to get my CDL soon. The question I have is in regards to a DUI charge. I was charged with a DUI in 2006. I was found not guilty by a jury in 2008. When I was charged with the DUI I did not consent to a breath test which was my right under the S.C. law. The catch was that if you did not "blow" your license would be suspended for 3 months. Under S.C. law ....at the time....an administrative hearing on the license suspension could be requested to ensure that the officer followed proper procedures. The date was set for the admin. hearing...but the officer did not show up. The law required him to show to give his account and that he followed procedures. Since he did not show the suspension was dropped and my license was re-instated. Will this have an effect on me getting into the driving? I have researched this and have not been able to find any answers...Any help is much appreciated.
     
    9STM68, Jan 23, 2009
    9STM68, Jan 23, 2009
    #1
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  3. Jan 23, 2009 #2
    Lilbit

    Lilbit Road Train Member

    16,583
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    Aug 4, 2008
    Let me check my logbook
    0
    Start by getting a copy of your driving record to see what's on there.
     
    Lilbit, Jan 23, 2009
    Lilbit, Jan 23, 2009
    #2
  4. Jan 23, 2009 #3
    9STM68

    9STM68 Bobtail Member

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    Jan 23, 2009
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    I have already done that. After my license was re-instated....I found a job that required a 10 year driving history.....It showed nothing on it...although I know for a fact that once charged with anything....weather guilty or not guilty it still goes on your criminal record.
     
    9STM68, Jan 23, 2009
    9STM68, Jan 23, 2009
    #3
  5. Jan 23, 2009 #4
    Lilbit

    Lilbit Road Train Member

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    Let me check my logbook
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    That I won't be able to help on. There are other members that will be able to help you out with that part though.
     
    Lilbit, Jan 23, 2009
    Lilbit, Jan 23, 2009
    #4
  7. Jan 23, 2009 #5
    dancnoone

    dancnoone "Village Idiot"

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    If you have no conviction. You have no record.

    There will be a residual of the charge, on your record. But you were not convicted. So it's not a big deal.

    You can explain the circumstances behind the suspension, and the over turned charge, to whatever company gives you a shot. It shouldn't come into play in determining to hire you.
     
    dancnoone, Jan 23, 2009
    dancnoone, Jan 23, 2009
    #5
  8. Jan 23, 2009 #6
    9STM68

    9STM68 Bobtail Member

    13
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    Jan 23, 2009
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    I have filled out a few apps. and have been honest to the point where I disclose this info. with an explanation...ie. "Has your license ever been suspended" = YES. I don't want to be one who gets to the company only to be turned around and sent home durin orientation because they figured I was trying to hide something.
     
    9STM68, Jan 23, 2009
    9STM68, Jan 23, 2009
    #6
  9. Jan 24, 2009 #7
    Cruz31307

    Cruz31307 Light Load Member

    101
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    Jan 1, 2009
    Elgin IL
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    Go to DMV and get copy of MVR
     
    Cruz31307, Jan 24, 2009
    Cruz31307, Jan 24, 2009
    #7
  10. Jan 24, 2009 #8
    RickG

    RickG Road Train Member

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    Owensboro , KY
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    I can get a copy of my DVR online for $3 . Check your DMV website .
     
    RickG, Jan 24, 2009
    RickG, Jan 24, 2009
    #8
  11. Jan 24, 2009 #9
    psanderson

    psanderson Road Train Member

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    Moline, Illinois
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    It's called an implied consent clause.

    I can't help but wonder if there may be a statement Re. implied consent show up at some point in time when the state gets around to updating his MVR. After all, that's what the violation was.

    States have implied consent rules for testing.....by accepting a driving license from a state, the state says it has the right by implied consent (you have consented to being tested because you accepted their driving license). While it is your right to refuse to blow in the tube for DUI testing, you have still violated the implied consent clause/compact, hence the 90-day suspension and that may/will at some point in the future show up because of the automatic 90-day suspension. These rules are reciprocal between the states.

    When many trucking companies see an implied consent on an MVR they automatically think the reason you refused is because you would have blown DUI, which in most cases is true.

    From the retired federal DOT official.
     
    Last edited: Jan 24, 2009
    psanderson, Jan 24, 2009
    psanderson, Jan 24, 2009
    #9
    rookietrucker Thanks this.
  12. Jan 24, 2009 #10
    RickG

    RickG Road Train Member

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    Jul 22, 2008
    Owensboro , KY
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    RickG, Jan 24, 2009
    RickG, Jan 24, 2009
    #10
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