Husband got a DUI

Discussion in 'Trucker Legal Advice' started by the girlfriend, Jun 27, 2015.

  1. otherhalftw

    otherhalftw R.I.P.

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    Well that may be the case up yonder in Canada, but here in the good ole USA, things are a bit different! If you will please go to the link I am providing, down on item 4, you will find: (4) Determining first and subsequent violations. For purposes of determining first and subsequent violations of the offenses specified in this subpart, each conviction for any offense listed in Tables 1 through 4 to this section resulting from a separate incident, whether committed in a CMV or non-CMV, must be counted.
    now please note the last dozen words...particularly the ones "whether committed in a CMV or non-CMV, must be counted."

    To my understanding, [key word...understanding] in the states, if you possess a CDL, the rules remain consistent with those of operating a CMV no matter what vehicle you are operating. BAC included. The fines may be different but that would be a court issue, not to mention presenting a certain "attitude" could jack up the judges "fine" considerations! (sorry about the bad pun, but I just couldn't resist!)

    Here is the link to the actual FMCSA regulation: http://www.fmcsa.dot.gov/regulations/title49/section/383.51

    BTW...in the link you will find the "schedule" of penalties required for CDL and/or CLP (commercial learner permit) holders.
     
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  3. Chinatown

    Chinatown Road Train Member

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    Good answer. Time for girlfriend to quit wasting her life and paychecks. Move on girlfriend, you won't regret it, and he won't know the difference because his mind stays foggy.
     
  4. Skate-Board

    Skate-Board Road Train Member

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    Well, if you decide to dump him I'm available. I have my own truck and most times have enough money in my wallet that you could go into McDonald's and order ANYTHING you want off the menu without asking me.

    I have like 7 of those blue pills so we would be set for a year in that category.

    Please reply back and check the box below

    I like you ----------- X
    Do you like me----
     
  5. brsims

    brsims Road Train Member

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    Hey now! I already made a play for her, like, two week ago!

    AND I can afford anything off McDonald's REGULAR menu, plus a milkshake! So there!:D :p
     
  6. Skate-Board

    Skate-Board Road Train Member

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  7. brsims

    brsims Road Train Member

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    Ha! Young and struggling beats old and established! A writeup for the record books!

    Unless....Skateboard, you gettin' sneaky on me?

    (And boy oh boy do I hope Girlfriend has a sense of humor....)
     
  8. flyingmusician

    flyingmusician Road Train Member

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    Hard to compete when you throw in the milkshake too hehehe

    Big money man there lol
     
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  9. Skate-Board

    Skate-Board Road Train Member

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    Ya, not nice!!!! Next someone will come by with an Apple Pie. Real dicks!
     
  10. not4hire

    not4hire Road Train Member

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    Calgary
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    What your link confirms is that for any of the specified penalties, all such violations that occurred, whether in a CMV, or non-CMV, must be counted. It does not specify any penalties or regulations for violations in non-CMVs.

    From Table 1 of your link:
    (1) Being under the influence of alcohol as prescribed by State law * * *

    (3) Having an alcohol concentration of 0.04 or greater while operating a CMV * * *​
    Notes:
    For (1): "...as prescribed by State law." A state might have a rule linking a prescribed penalty for driving under the influence to the class of license held and not the vehicle being driven, but I have not seen one. All such rules I have seen are dependant on the vehicle being driven, therefore a driver with a CDL in a non-CMV is subject to the same prescribed penalty as a non-CDL-holder. This also applies to the rules regarding BAC levels for that particular state.

    All the columns listing the prescribed penalty end with "...disqualified from operating a CMV for..." There are no prescribed penalties that affect a non-CMV.​

    The FMCSA Regulations do no (can not) regulate what a driver does on their personal time. They can only regulate the consequences of off-duty activities to the extent they may affect on-duty performance.
     
    Last edited: Jul 31, 2015
    born&raisedintheusa Thanks this.
  11. Chinatown

    Chinatown Road Train Member

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    I can beat all you guys with Shoney's all you can eat buffet with an ice cream fudge brownie & cherry on top for dessert!
     
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