multiple dui;s in a cmv

Discussion in 'Trucking Industry Regulations' started by bigdad7, Jun 16, 2012.

  1. KANSAS TRANSIT

    KANSAS TRANSIT Road Train Member

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    If this story is as portrayed, do you think the tests were also manipulated the other THREE times as well?
     
    Last edited: Jun 17, 2012
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  3. SHO-TYME

    SHO-TYME Road Train Member

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    If that company made that comment when they were notified by the authorities, I'm guessing the DOT is gonna show up at their doorstep soon and it won't be pretty.
     
  4. GasHauler

    GasHauler Master FMCSA Interpreter

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    You do what you want. It's still bad advice no matter what's happened to you. It's clear whoever prosecuted you had no idea about the FMCSR's. It doesn't take a genius to read a law on the computer or in a book to know what it says. You can not depute the facts no matter what your history is. All you're saying is you've taken a huge chance and got away with it. NOTHING ELSE.
     
  5. revelation1911

    revelation1911 Heavy Load Member

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    I guess two prosecutors didn't know what they were doing? I have beaten two dui's, now I wasn't driving then either.
    But read the rules again all testing is done in certain ways on certain equipment and with certain chains of custody. The equipment some city may use and the people doing it more than likely don't meet the criteria. The little blowing machines are just a way to get people into jail do you know that they can be manipulated to give false results?
    The supposed "field sobriety test" they are for one purpose to get the desired result FAIL. If they have decided you are dui you going to jail anyway, so why help them make it easier? Most people now days live under the false impression that talking to the police will really help them. Once you have submitted to these suspect test you have made it more difficult to win a case. It's like these guys I've read the police can drug test you they can't it don't meet the criteria. Now they can take you to a proper facility and do a dot type test.
    But how long is that going to take? And you haven't refused either. There are things lawyers can do if you don't help them convict you.
    You'd really be suprised what a good lawyer can do.

    How many times have you watched a lawyer argue points of Law in court?
    You can tie a case up in court for years and still keep your DL in process.
    You have to forget what you read and what you were taught and everything you believe the system is about.
    Stand outside the box look at it then.
    I'm not giving advice, if I was it's be don't drink and drive, thats what I do now and have done so for years.
    I'm just stating the fact if you get jammed up don't help the police convict you.
     
    Last edited: Jun 17, 2012
  6. bigdad7

    bigdad7 Road Train Member

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    i don;t know but i thought as cdl holders we are supposed to be above reproach held to a higher standard .....everything we do is supposed to be an open book and i am fine with that ....i just don;t like the fact that medically i am jumping through flaming hoops with pink panties on to drive again and when i get it back will be scutinized like a crack head in a meth lab but this jack ### has a 16 page rap sheet including assaulting and officer drug charges and 3 dui convictions and is somehow able to be insured and drive around drunk off his ### in a cmv with a current license and an open container next to the drivers seat just saying it really effing rubbed me the wrong way
     
    Tazz Thanks this.
  7. Tazz

    Tazz Road Train Member

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    I sympathize big dad. Scumbags slip throught the cracks, and find other scumbags to hide with. Best bet would be as Condo said reporting it. Hopefully your state will not allow this particular scumbag a plea. That is how alot of these people get along so long like habitual speeders.


    Good luck with your waiver or medical plan( I am unfamiliar with your issue so my apologies). While scumbags like this are aggravating to hear about in the end just distract you from your tasks.
     
  8. revelation1911

    revelation1911 Heavy Load Member

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    You have driving a truck confused with the policing, preaching and politicing professions, Oh I forgot they are just as bad. what about your right to privacy and the constitution? Where do you get this misguided information? This is the problem nowdays people want to insert their suspect moral standards into things.

    I think your personal issue with the regualtions has clouded your thinking here. I personally think if your doctor said your ok to drive that should be it.
    All this add BS the govt added is un needed. I can feel for your personal issue on this.

    Again I'd have to say the information is probabaly inaccurate. Do you know that YOU could be arrested for about any reason under the sun and even none?
    All this shows up and never ever hardly shows true facts of matter. You being rubbed the wrong is another problem with people now, they want to moralize everyone else's lives by they own standards. Is your life so uninteresting that you have to worry about if someone else maybe having fun or making more money than you?
    I beat you wouldn't be so mad if you had your waiver in hand?
    Now if you want to look at a near foolproof dui setup google the one's austin tx does at selected times. 99.99% convictions they took the time to do it right.
     
  9. GasHauler

    GasHauler Master FMCSA Interpreter

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    You're arguing with me about a law that is written. You lose your CDL for a year if you refuse to take an alcohol test in acordance with the FMCSA. That's all I'm saying. Your advice is bad because some of these new drivers may take your advice and find themselves without a job. I've never been in a position to where my driving was in question by any LEO. If you got off and where not drinking then that's great. You took the time and money to fight an injustice. And your example shows that the system is far from working as it should. But some states do go by the FMCSA and the refusal is a loss of a CDL NO matter how the case turns out. So I hope you can look at this by all sides and realize that some drivers do not have the luxury to fight a alcohol test and if they do not do what is required of them then they are screwed. That's all, enough said, congratulations on fighting the system and winning.
     
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