HazMat after Felony Sex Offence

Discussion in 'Hazmat Trucking Forum' started by MTsleddog, Mar 11, 2021.

  1. Chinatown

    Chinatown Road Train Member

    Aug 28, 2011
    Henderson, NV & Orient
    @Moose1958 will know if a rape conviction keeps you from having Hazmat endorsement.
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  3. austinmike

    austinmike Road Train Member

    Jul 11, 2011
    Last edited: Mar 11, 2021
    H827OUT Thanks this.
  4. Chinatown

    Chinatown Road Train Member

    Aug 28, 2011
    Henderson, NV & Orient

    Conviction for one of the following felonies is disqualifying if the applicant was convicted, pled guilty (including ‘no contest’), or found not guilty by reason of insanity within seven years of the date of the application; OR if the applicant was released from incarceration after conviction within five years of the date of the application.

    • Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon. A firearm or other weapon includes, but is not limited to, firearms as defined in 18 U.S.C. 921(a)(3) or 26 U.S.C. 5 845(a), or items contained on the U.S. Munitions Import List at 27 CFR 447.21.
    • Extortion.
    • Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering, where the money laundering is related to a crime listed in Parts A or B (except welfare fraud and passing bad checks).
    • Bribery.
    • Smuggling.
    • Immigration violations.
    • Distribution, possession w/ intent to distribute, or importation of a controlled substance.
    • Arson.
    • Kidnapping or hostage taking.
    • Rape or aggravated sexual abuse.
    • Assault with intent to kill.
    • Robbery.
    • Fraudulent entry into a seaport as described in 18 U.S.C. 1036, or a comparable State law.
    • Violations of the Racketeer Influenced and Corrupt Organizations Act under 18 U.S.C. 1961, et seq., or a comparable state law, other than any permanently disqualifying offenses.
    • Voluntary manslaughter.
    • Conspiracy or attempt to commit crimes in this section.
    austinmike Thanks this.
  5. Atlaw4u

    Atlaw4u Heavy Load Member

    Jun 8, 2018
    If you don't have any priors you need to set it for trial. These are tough cases to get 12 jurors to unanimously agree and the closer you get to trial the more likely you will get a better plea offer. Unless there's not more to this offense than you are sharing.

    Even if convicted at trial, this offense is probation eligible so why would you accept a felony guilty plea.
    Make them try to prove it to 12 in the box. You need to also consider how difficult it is to complete sex offense specific probation. If you violate any term of probation they can revoke your probation with a simple hearing and still send you to prison.

    The only offer you should consider is a misdemeanor or (if you are more guilty than what you are representing) what is referred to as a split plea. A felony deferred with a concurrent misdemeanor conviction with a sentence to suprrvised probation, so if you complete probation the felony gets dismissed.
    Tb0n3, slow.rider and Stray_Dog Thank this.
  6. JC1971

    JC1971 Road Train Member

    Jul 29, 2013
    I don't know if it makes much difference but you spelled "offence" the Canadian way. Which country are you in?
  7. truckdriver31

    truckdriver31 Road Train Member

    Sep 18, 2013
    see peaches at the petro in knoxville would have been a better choice
    singlescrewshaker Thanks this.
  8. not4hire

    not4hire Road Train Member

    May 16, 2012
    I'm sure he's in the US, Montana would be my guess based on his username. Other clues; we don't have felonies (ours are summary [less serious] or indictable [more serious]), nor do we have hazmat (we have Transportation of Dangerous Goods [TDG] and it's a separate certificate, not a licence endorsement).
    JC1971 Thanks this.
  9. slow.rider

    slow.rider Road Train Member

    Apr 4, 2017
    I agree. Don't plead guilty to a felony you didn't commit. Assuming there's not more to the story, you might also consider a countersuit. For all you know, she might simply be enraged at you for not trying harder to steal her from her BF.
    Tb0n3 and Roadgeek395 Thank this.
  10. Antinomian

    Antinomian Road Train Member

    Feb 17, 2013
    It wouldn't be a counter suit since she isn't suing him. A criminal case is the state against the defendant. It is unlikely that a judge would allow a civil suit against a complaining witness in a criminal case before that case has been resolved since that could make a conviction impossible. You couldn't be convicted beyond a reasonable doubt if a civil jury has already found in your favor by a preponderance of the evidence. So the criminal case will get heard first.
  11. slow.rider

    slow.rider Road Train Member

    Apr 4, 2017
    This assumption seems like rather of a stretch. Maybe the prosecutors are trying to intimidate you?

    A (hopefuly) quick story to illustrate how some prosecutors think. I sat thru an entire session of traffic court one time because they'd misplaced my file. TheirI system was to do all the quick guilty pleas first and then have the contested trials. One of the trials was for driving while suspended. The basic facts were not contested. The defendant was found sitting in the passenger seat of a parked car which had the engine running but no driver.

    The prosecution relied on the two police officers, but the defense presented a whole bunch of witnesses - the defendant, the two people in the back seat, the driver, and several occupants of a second car.

    Turns out the entire group of people had driven from an overnight job site to a liquor store in two cars to buy beer on their way home, but found that the place wouldn't be open for half an hour. Some members of the group had another errand they decided they could run in the meanwhile, so the driver of the one car got in the other car to go with to do that, leaving the engine of the parked car running because there were still people inside and it was winter and cold. In case the second group didnt return before the store opened, the people in the parked car were to buy the beer when the store opened, so the whole group could immediately leave in the two cars as soon as the second car returned.

    The guy was found not guilty, and that being the last case of the day, almost everyone left the room except for the prosecutor of the case and another prosecutor, and me sitting in the back row now thinking my case would be called in an upcoming afternoon session.

    They don't seem to be aware that I'm there, so their conversation is extremely candid. The losing prosecutor is asking the other prosecutor what could have been done differently to win the case. They didn't care at all that the guy didn't do what he was accused of. All they wanted was to keep their win percentage up.
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