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
New rule.law????
Discussion in 'Trucker Legal Advice' started by earthbrown, Jan 19, 2007.
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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. -
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.
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http://trucker-jobs.biz/New.CDL.Rules.htm -
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 -
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.
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the vehicle. If I'm wrong about the private vehicle, someone please correct me. -
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 -
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. -
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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