New rule.law????

Discussion in 'Trucker Legal Advice' started by earthbrown, Jan 19, 2007.

  1. earthbrown

    earthbrown Medium Load Member

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    Heard another truckstop tale....

    Someone said as of Jan, 01 2007, the courts will no longer be able to plea bargin or reduce traffic violations for people holding CDL's.

    Is this true?

    Was told it was a federal rule.

    K
     
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  3. LogsRus

    LogsRus Log it Legal

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    I just checked out the FMCSA website and I don't see anything, I also glanced over JJ Keller's website and I don't see anything either. I don't know a positive answer but I will search around this weekend.
     
  4. panhandlepat

    panhandlepat Road Train Member

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    i don't know if this info is relevant, but the DMV had a sign yesterday that said " no points off or driver course for CDL holders whether or not it was in a comm. vehicle or not.
     
  5. pro1driver

    pro1driver Heavy Load Member

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    this i found, goes back to 2002, so i think the truckers are just now "remembering" what took place 5 years ago.........


    http://trucker-jobs.biz/New.CDL.Rules.htm
     
  6. earthbrown

    earthbrown Medium Load Member

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    I have pled down tickets in the last 6 mo though....It seems this is more like they cannot just send you to school or tell you to be good for 6 mo and we will drop it....

    IDK, i heard it was BRAND new....where is Log Russ??

    K
     
  7. MACK E-6

    MACK E-6 Moderator Staff Member

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    Well, basically what it means is that CDL holders are now subject to the same penalties for moving violations in their cars as they would be had they been cited in a truck.
     
  8. 25(2)+2

    25(2)+2 Trucker Forum STAFF Staff Member

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    Yeah thats what it means, but there is still due process and so things can be negotiated through a court, or with a court's officers. A colleague was on vacation and was in his personal vehicle and was charged with OMVI even though he wasn't driving, it took two weeks but he is driving truck again pending trial. He was in the car and had the keys but he wasn't in the driver's seat, he was waiting for his wife to come and drive them back to the motel where they were staying. If you have been drinking, by law, you can't possess the keys to a vehicle if it is a CMV and you are occupying it. I think a regular license holder actually has to be driving to be charged, or has to have been proven to have actually driven
    the vehicle. If I'm wrong about the private vehicle, someone please correct me.
     
  9. earthbrown

    earthbrown Medium Load Member

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    That is BS imho..... I had a friend arrested for DWI in a parking lot of a bar he was sleeping in the back of his van, and had the van running as it was winter....

    got a lawyer and BEAT it with out a problem...

    BTW .04 is DWI for CDL if you are in a non commercial vehicle....so dont drink anything and drive.


    K
     
  10. 25(2)+2

    25(2)+2 Trucker Forum STAFF Staff Member

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    .

    You are right, it is b.s. but if your friend had been sleeping it off in a tractor trailer instead of a van, he just may have been convicted depending on the jurisdiction involved. It also cost him money for the lawyer and his time, what I tell people is that a CDL comes with a target painted on your back for anyone in law enforcement to tag anyway that they can. I never drink on the road at all and generally don't drink period. It's not worth it and I don't like headaches, actual or legal. Like it or not, some places and gendarmes, hold us to a higher standard than the rest of the population.
     
  11. earthbrown

    earthbrown Medium Load Member

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    he was basically able to prove his case....he commonly would go to the bar and stay in the parking lot, his not moving the vehicle went in his favor....the cop had an axe to grind with him and by nys law, if keys are in the ignition you are able to be charged with DWI....


    K
     
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