I pulled up in front of the shop and gave Dan a shout. He watched, as I opened the hood.
I pointed, " This piece of crap threw a belt. It belongs to a friend of mine and I hope you can ... "
Dan eyed things over, " Yeah ! I can put a belt on it. How far did you drive like that ? You lucky she didn't over heat on you and I bet that battery..."
I lit up, " It broke down at my place last night and I had to put a charger on it to get here. "
Dan had to ask, " Where's Ol' Blue at ? "
I gave the LOOK, " What do you mean ? I left her here with you a couple of weeks ago to .... "
Dan updated me, " I did service her and even had Guy detail her. Ed told me to park her back over in the ready lane. I figured you headed out and .. "
I wasn't happy, " When did he do that ? "
Dan thought back, " It's was about a week ago. "
So, I turned on my heels and sashayed towards Ed's office. You know, I knew from my phone messages that Ed had tried to get ahold of me. Yep, he was probably going to make a big deal out of my taking a couple of weeks off and not letting him know. Yep, I had my story all woked out and was ready to get this over with.
I stuck my head in, " DON"T PAY THE RANSOM ! I ESCAPED ! "
Ed didn't laugh, " I figured you'd show up sooner or later.
I sat in front of his desk, " I know, I know, I should of called and .... "
Ed cut me short, " Barney ! There's nothing that I could of done. I'm not a bondsman and #### sure not a lawyer. When did you get out ? "
I was shocked, " Oh, you know about it ? Well good, because I didn't want to lie to you anyway. What happend was... "
Ed held it up, " They faxed me this and it about says it all. You were arrested for Boating While Intoxicated, Resisting Arrest, Aggravated Assault On A Police Officer and you refused to give a breath sample. Here ! Read it ! "
I protested, " This is crap ! The only thing they charged me with was BWI and they didn't even hold me for that. See this ? It's my release form and I'm suppose to go back in 20 days. Well, 19 now and chances are they'll even drop that. "
Ed read mine, " Well, it still doesn't change anything ! Your CDL is suspended and you can't drive. "
I pulled out the other one, " This says that I had 15 days to surrender my license or arrange a hearing. I mailed in requesting a hearing, so theyre suppose to notify me within 30 days. You know, where to go and .. "
Ed read it over, " Well, either you gave a sample or you refused too. A hearing isn't going to change that ! "
I educated Ed, " I called a lawyer this morning and he said, that if the cop didn't have probable cause to arrest me. Well, they can't get me for refusing the test. I'm suppose to meet him this afternoon and ... "
Ed dropped his bomb, " It's too late now ! I've already cancelled your lease and another driver has signed a new one. "
I stood up, " DO WHAT ? YOU CAN"I DO THAT ! ED ! My CDL isn't suspended and as it now, I haven't even been formally charged with anything. You can't pull my lease and .... "
Ed stood up, " I SURE CAN AND I DID ! You better read that lease. It states that if you refuse a drug test or breath test that TLX ... "
I knew better, " NO IT DOESN"T ! That's only for company test. You know, either a random or while I'm on duty. I WASN'T ON DUTY ! Ol' Blue was here at the shop and I was OFF DUTY ! "
Ed shook his head, " Well, I'l have to run this by our legal department and see what they say. My guess, is we can use that breath test refusal and your S.O.L. Now Barney, don't take this personal but me and Ma Crook have to do what's right. You know, we just got off a safety probation and the DOT is keeping an eye on us. "
I rolled my eyes, " YEAH SURE ! Like, TLX can spell safety ! I tell you what ! If my lawyer is right, I might rename TLX, to Barney Goose Express !
So, I exited stage right and sashayed back to the shop. Dan had one of his grease monkeys working on the Thunderturd. Dan and I cut it up for awhile before I headed out. Yep, I sure needed some good legal advice and a cold beer didn't sound bad either. What a deal, as Life Goes On.
Nightie night Snazzers, your Snazzy1.
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Bigray got his fix and here's 50 Snazzy points for the kind words. Now, for the bad news. This is my second reply, after typing a wonder, action filled, full of you knows and what a deals. Yep, I went to submit and was informed my time had expired and to hit refresh. Well, the page refreshed, but it was minus everything I had posted. What a deal, what a stinking lousy deal, with butter ontop and a dong this long ! I swear #### computers could make a grown man cry. Well, I'm not crying. Yes you are ! Big ole whiney cry baby and .. Would ya'll shut up and let me think. What we need to do is figure out how to cut and paste and .. Remember ? We've tried that before and it never works. Our Notepad is corrupt and it'll give us the old error on page and.. Oh, the hell with it. Let's get a good nights sleep and fool with this crap tomorrow. This isn't crap ! It's our life story and we have Snazzers that are depending on us. Would you mind voices ... Oh. never mind ! What a deal, as Life Goes On.
Nightie night Snazzers, your Snazzy1.
I'm at home recovering from surgery and ran out of books to read. So I read this thread from start to finish. It's great! Better than the books I've been reading.
Now I'm hooked. I don't have TV to watch soap operas so I'll have to stay tuned here to find out what happens to Barney next.....
Let's have a Big Snazzy Welcome to MountainMama our newest Snazzer and wish her a speedy recovery. Of course, her encouraging words deserve to be rewarded with 150 Snazzy points. What a deal, as Life Goes On.
I parked the Thunderturd and rode the elevator to the second floor. Red Fingers was typing and handed me the clipboard. I sat on the leather couch and filed in the blanks. Let's see, name, address, phone number, employer, credit information, ssn, license number, blah, blah, blah. I returned the form and retook my perch. Well, sat back down and gawked at Red Fingers. She was a young attractive gal, with the longest fingernails that I'd ever seen and painted red as a fire truck. Yep, my mind voices wondered how she wiped herself after she.. Well, you know what I mean. Anyway, Mr Tick offered his paw and we entered his office. He sat behind his desk and I sat facing him. He was younger than I expected and his name sure fit him. Yep, he had a tick. No ! Not the dog flea kind, the other kind. Yep, every few seconds his eyes swole up, his nose twitched and his lips puckered. You know, like he was going to sneeze, but never did.
He got down to business, " Do you have that release form they had you sign and the breath test refusal form ? "
I handed them over, " This is all they gave me. "
Tick ticked, " Alright, Mr. Goose let me explain this. Alice County screens all of their cases before filing them. If the intake attorney sees a problem or decides it's a weak case. Well, instead of accepting the case they just don't file them and that ends the matter. It appears that you've dodged the bullet and that's good. You'll know, when you report back on the 24 th. If any charges are filed you'll be taken before the court. If the charges have been dropped, then they'll tell that your free to go. Do you understand ? Tick, tick, tick, tick, tick, "
I wasn't sure, " You mean ? They arrested me, booked me in, tried to have me take a breath test and held me for over two weeks. All for nothing ? "
ticked Tick, err.. Tick ticked, " No ! The Joe Pool Shore Patrol arrested you. Then they had you held at the county jail pending the D.A. accepting the case. Well, from what you've told me, that Officer lacked any probable cause to arrest you. He didn't have a warrant to enter your home and have you perform any test. Another problem was he didn't didn't read you your rights and based on that and using excessive force. Well, I can see why the D.A. doesn't want this to go to trial. Besides that, Alice County is up to their necks in alligators. Their court dockets are backed up and running four years behind. Yep, a little ol' miss-doe-meaner like this, just isn't worth their time. I'd advise you to report on the 24th and make sure. If your rearrested and charged, just call me. I'll arrange your bail and we'll prepare your defense. If, on the other hand, they release you. Well, the matter is closed and you don't need my services, tick, tick, tick, tick, tick, tick, tick, and tick. "
I pointed, " What about that breath test refusal ? "
Tick was still ticking, " Well, you did right to mail in that hearing request. Let me call over there and see what's up . "
So, I sat there and watched Tick tick, as he placed the call.
Tick was ticking, " Hey ! Why don't you get a real job ! It's Tick ! I've got a model citizen here in my office and your Joe Fool's Finest are trying to railroad the poor guy and suspend his CDL. Hell, he wasn't even in the State and my star witness is ... well, whoever the Pope is ! Yeah, Gooose, Barney he mailed in a hearing request, while he was being waterboarded in the Alice County jail. Oh really ? Yeah, that's the one ! Uh uh, yeah, a houseboat and he was docked reading the bible and donating blood, for the Red Cross. Oh, really ? Well, you only have 40 days and trust me ! You don't want any part of this. It stinks to high heaven and I'll pin your ears back. Alright, I'll check back with you. Are we still on for tee-off. Alright, I'll see you then. Bye, tick, tick, tick, tick, tick, tick, and tick. tick. "
So, I waited with baited breath, as Tick kept ticking. Yep, he was almost as loud as this Gateway piece of crap. Yep, I better submit this and hit reply, before it all gets flushed. What a deal, as Life Goes On.
No nightie night yet Snazzers, if this post we might have a double hitter, your Snazzy1.
Tick hung-up and ticked, " That was my old college roomate and he's the DPS attorney that handles those license suspension hearings. Now, get this ! He said that he got your request for a hearing but that Joe Fool Lake hasn't sent in the refusal slip. "
I was puzzled, " Why didn't they ? I mean, they sent a copy of that and everything else to my boss at TLX. Hell, he's trying to use it to cancel my lease and take away my truck. "
Tick ticked, ticked and ticked again, " DO WHAT ? That's unheard of and against the law ! You weren't operating a commercial vehicle and those DPS forms are for law enforcement use only. Now, there is a bill pending that might change that but as of today. Well, those Joe Fool cops and TLX are sure sticking their necks out. "
I played devil's advocate, " Well, I hate to admit this, but a few months back I took part in those DOT hearings. I even went to D.C. and had to put in my two cents worth. You know, their wanting to really screw over CDL holders and treat them, as though their on duty 24 hours a day. Hell, if that bill ever becomes law a driver in his own four wheeler ... "
Tick ticked over me, " I've read the bill and your right ! It's ridiculous and it's all about money ! If our government and big bussiness keep it up. Well, there weren't be any rights left. But, as it stands right now ! Your company can't use that refusal, because number one, it sure wasn't a random drug screen. Those have to be from a pool of your coworkers and number two, it sure wasn't based on reasonable suspicion. That only applies if your on duty and performing, or about to perform some type of safety function. You know, driving, operating equipment, or something like that. " Tick, tick, tick,..
I agreed, " Yeah, I know and another thing. They can't even get me for violating company policy. It says, that I can't report to work if I've consumed alcohal. within four hours. Here's my logbook right here and I wasn't due back until 3 days, after this happend ! Tick, tick, tiick, .. ( Yes, I bagan ticking and never have figured out why). "
Tick ticked, " Are you mocking me ? "
I ticked back, " No ! " Tick, tick, tick, tick, tick, tick, tick, and tick, tick..
So, our legal consultation ended and I felt much better. Tick, tick, tick, tick, and I decided to drop off the Thinderturd to Sherry and get back my lowrider, tick, tick. tick, tick. Yep, ole Attorney Tick, tick, tick, tick, was one hell of a tick, tick, tick, guy and tick, knew his tick, tick, law. He didn't even tick, charge me, tick, tick, because his first office visit was tick, free of charge, tick, tick, tick. What a Deal, tick, tick, as Life Tick, Goes On.
Nightie night Tick, Snazzers, your Snazzy1 tick. tick, tick... tick.lilillill Thanks this.
OMG YOUR BACK>............. brilliant............. We all missed you ... well I have ............ hope all is well with you and your doing ok ......... good to see you back babe xx I guess I got some catching up to do............ xxxxx :O)
Welcome back Snazzy1!!!
Should have checked back in sooner, but had some 'puter problems of my own... not nearly as bad as yours.. We all knew that TLX would find a way to void the contract with Barney, Man !!! BG Xpress sounds good to me. If Lawyer Tick can get over the tick thing long enough to present the case in court.
AQgain Welcome back, and it was great reading as per normal. Thanx!
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