Open container on record

Discussion in 'Questions From New Drivers' started by JaxTruckerWife, Feb 24, 2007.

  1. JaxTruckerWife

    JaxTruckerWife Bobtail Member

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    Help! My husband just finished school. According to the school he was able to work for any trucking company in the country (yeah right!). Did they not look at his DMV and notice the ticket for the open container he got last year? He just got back from going through the entire orientation at Werner in Lakeland only to find out at the end that (oops!) they can't hire him because of this stupid ticket! He hadn't even been drinking and rarely drinks, it was a complete fluke that he had the bottle in his (personal) vehicle in the first place. But he got caught and is having to pay the price.

    My question is, will ANYONE hire him with this on his record? He was never arrested, passed the field sobriety test, he was stone cold sober. He otherwise has an impecable driving record (safe driver).

    Will any companies overlook this?

    Needless to say he never got paid for the orientation he attended, nor reimbursed for the car he rented to get down there in time for the orientation. Not money we can afford to shell out right now until/if he gets hired.

    Can you sense my frustration here?

    Should he just find something local with a small company until this gets old enough that it won't be considered? (In 3+ years:banghead: )
     
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  3. Truckerjo

    Truckerjo Road Train Member

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    Well, you may find a company if you look really hard, just make sure to tell them right up front about it.

    But to be honest about it anything doing with alcohol most companies will not even touch you for a min of 2 to 4 years after conviction. I know you say he wasn't even drinking and so on but they absolutely don't care about any of that.. What they do look at is "what is on your record" and its on there. That's how it goes in this industry..

    Your best bet would be to hire an attorney (cost anywhere from $300 to$600) have them take it back to court and have it VACATED. Tell the attorney exactly what the deal is and it is keeping him from gaining employment. Not all the time but most of the time if its a year after the conviction (or near a year) the court will have it Vacated and taken of your record. Now unfortanitly this process will take about 2 months possibly longer (at the min a month if you are lucky to get a fast Court date). If you win the fastest way is to have them give you a certified copy of the judgment and run it down to the nearest reinstatement center (call your local BMV office to find out where this is) they are usually in the larger cities. (make sure the copy has the Judges signature, the state seal and indicates the ticket has been vacated) this way you do not have to rely on the mail and the processing centers. If you allow them to do it by mail it could take up to 2 months longer before it is actually off your record. This is why I suggest doing it yourself and you can get it done in a day.

    I went threw a similar incident and this is why I know the process so well.

    Good luck!
    Jo


    P.S look for an attorney that may have been a former prosecutor in the area (many of those around) or an attorney who is really close to the court house and pretty much only deals with that court house. The reason is they usually know everybody really well and can get things done that other attorneys may not be able to. (former prosecutor is the best rout to go if you have this option)
     
  4. JaxTruckerWife

    JaxTruckerWife Bobtail Member

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    Wow! Thank you so much for the info (even though it's not exactly what I wanted to hear :( ) It is very helpful information though. I do happen to know an attorney in Gainesville who just might be able to help us out.

    Thank you again
     
  5. Cybergal

    Cybergal Road Train Member

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    The ticket stands with the new laws and regulations.

    Unfortunately, he still got the ticket no matter the situation.

    The time will just have to lapse.

    Keep trying.
     
  6. JaxTruckerWife

    JaxTruckerWife Bobtail Member

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    Can you please explain what you mean by "the ticket stands with the new laws and regulations"? Does that mean that it cannot be "vacated"?

    It just really ticks me off that the school still trained him knowing that he would not be able to get a job because of this (they must have known right?). It's not a moving violation, didn't even have points taken. This is just crazy. We are $3,500 in the hole now and no way to get it back. We are just crushed.
     
  7. Cybergal

    Cybergal Road Train Member

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    Probably not unless a JUDGE overturns it.
     
  8. JaxTruckerWife

    JaxTruckerWife Bobtail Member

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    Hopefully we can do just that. :)
     
  9. notarps4me

    notarps4me Road Train Member

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    A lot of schools are CDL Mills. They are a rip off. They will take your few grand to help you get a CDL. They know that you will never get a job, but they did what they set out to do. Take your money and leave you with a CDL with no future.
     
    Gearjammin' Penguin Thanks this.
  10. JaxTruckerWife

    JaxTruckerWife Bobtail Member

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    They flat out told him that his DMVR was fine and that he could drive for any company in the country. That's just fraudulent. We knew about the open container, but thought that since it wasn't a moving violation (not DUI or DWI) that it was just considered as a ticket and nothing else. We were so very wrong, and gullible.
     
  11. Cybergal

    Cybergal Road Train Member

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    What happens in your personal vehicle (tickets, etc.) will carry thru on to your CDL.
     
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