Open beer in truck

Obviously I wasn't present during this "situation" but I can't help but feel you need to improve your "situational awareness". You say "loud music" masked the sound of the "beer cans opening" so you were "unaware" as to what was going on until you started to "smell the scent of pot mixed in with the vape". I'm sorry but, were they some type of covert experts at secretly bringing alcohol on board while being able to whip it out and drink without you having the slightest hint of what was going on? I mean, come on.....Did they sneak in a tall boy or 2 because if it was anything more then a single I have to question how you had absolutely no clue this was occurring? Maybe I'm an idiot or something but I always keep an eye on what others are doing when in my vehicle regardless of the situation.

If I was your boss, or perhaps the "man with a badge" I'd have a hard time believing your story amigo.

 

TROOPER to TRUCKER was being nice.
There is a world of difference dealing with 3 stupid teens driving a Prius and another is dealing with a driver who operates a 40 ton vehicle which requires a special license.

Let me tell you how the OP's scenario would have rolled with me, specifically is I was back in uniformed patrol: in a CMV, my discretionary powers would be applied full on. Full on no tolerance that is.

Open container: cited and all beverages and open containers seized as evidence.
Weed: whomever claims it will be dealt with. If no one claimed it all will be arrested/cited. I'm sure one of the geniuses will chime in as medicinal. We have ways to tell who smoked or not. State regs will apply and guess what? Federal regs prohibit marijuana still. Look up title 21.
Driver: sobriety tested and DRE brought in. Do I need to mention all checks will be conducted?
Truck: DOT called in and request a K9. I'll do whatever it will take to impound if not seize that truck.

Since I'm not uniformed anymore this is how I would have dealt with you today:
Detain all, call DPS regarding any DOT investigation and dealing with the alcohol issue.
Call Border Patrol to bring a K9.
Call the AUSA and see if he'll accept charges for small amount on a possession charge bearing the circumstances that it involves a CMV and this endangers the motoring public. He or she will agree.
If the K9 hits on you, you will be going to jail for that small amount and it will be on federal charges. I could care less who claims it at this point.
Tow the vehicle and call the company. If O/O I would seize the power unit.

Let's say God is in a good mood and cuts you a break, because I wouldn't. If the K9 doesn't hit (good luck on that), or the AUSA can't accept the charges (doubtful) the bare minimum would be a contact record entry that will come up every time your local DMV does anything to update your license and there is no expiration on that record.

If you want to know the statues look them up or call an attorney. Everything I just wrote above I can and will do that today. Just click on my avatar. The other guy had 500 lbs and shots were fired by me, so let that sink. Play stupid games, win stupid prizes.

If you want to hang out with your buds to drink beer and smoke weed, why don't you do it like the everyone else? In your own home, at the motel 6, or out in the back 40, or where ever most half way smart ppl do these sort of things. NOT IN A CMV! If you were parked on your break, and in a public access area. I wouldn't bother to ask consent to search. I'd just get a warrant to toss the entire truck and trailer.

I don't understand why people who are in your position don't apply any common sense. I mean why not go full (jake brake) and with the open container, the dope, also add some child porn and a stolen full auto Uzi in the mix. Really?

Even if the charges get dropped later you will still have a record or arrest, no conviction. Good luck getting a TWIC card later w/o further explanation or if DOT runs you through our records. Every border crossing will result in you being sent to secondary inspection.

How would you feel is this involved your kid's school bus driver? Or that airline pilot?
If you were my driver, I'd fire you on the spot. You are too much of a liability risk.

ETA: Let me be clear that there are certain things that will not be tolerated by either the community or the law enforcement responsible for their safety. I could care less for HOS violation, speeding if it wasn't too excessive and generally understand that truckers may push the envelope just like everyone else. But alcohol and drugs while on the job and in this job? Yours or not. I'd arrest my own boss or fellow cop if in that same situation. Even if my adult kids. You know better than that.

 

Weed or open alcohol in my truck on a public road ? No way ! ...undocumented alcohol in my truck on a public road ? No way ! ...however if I'm on private property and want to have few cold ones after work thats none of the laws biz or the company I'm leased to....last summer had some scumbag in an orange truck glare at me while parked at battle mtn nev ( looked like a stranger to soap and water) enjoying a beer after work and a few minutes later a cop shows up wanting to know if I had beer in the truck , I said yep , he said ya here for the night ? Yep ! He said enjoy your evening pal .

 

Raise hell with your boss?

I would have called the cops and let them deal with it.

Screw these idiots.

You seem to forget you have somewhat of an obligation with your cdl.

 

Haha yes defiantly in the mover blood. Especially in those busy summer weeks working 50+ hours and long days in the heat where everyone skips lunch so u can leave residence by 7pm

 

You are responsible for what goes on in your truck....quit trying to blame it on people in the sleeper...put on your big boy pants....I hope they throw the book at you

 

What good is a beer if it is not open?

 

The end of the month, on the weekend...it gets hectic and like u said, we were trying to get off early or try to get to the next customer before they would start complaining if we didn't make it in the 2-3 hr window that they were told by the office....they would call and ##### and ask for a discount....moving isn't a joke lol, so I understand the drinking part, but when you do it in an 18 wheeler it's a whole different ball game

 

Cant even believe we are talking about this! Only a ####ing moron would even let it become an issue.

 

True it's something for after hours and not in a cmv.