Possesion charge

Discussion in 'Questions From New Drivers' started by Lango103, Oct 15, 2019.

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  1. x1Heavy

    x1Heavy Road Train Member

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    It does not matter. When you are convicted (As in paying a ticket or citation of complaint ie Pleading guilty) you have to inform your employer.

    Some employers will see if you have court cases pending, in short to answer a simple question. Are you subject to future Judgement, Civil and or Criminal Convictions into the future? Are you a fugitive from justice? Have you any open citations or cases for which you have not yet been acquitted or convicted of.

    You can probably get a job today, if the employer does not know a #### thing. But that will change in a hell of a hurry once you are convicted and then sentanced when employer does find out. Its not a if question, its a matter of when.

    Any other method of presenting this scenario will end up repeating itself. It has no end other than a immediate and absolute removal of you from your trucking job. Some states prescribe additional penalties your employer may impose on you once they understand you had a problem with possession today and were convicted of it 6 months later and they fired you on the 7th month. It might lead them to change or amend application processes or questions so that in the future no one has the opportunity to work there in the situation you laid out here.
     
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  3. bryan21384

    bryan21384 Road Train Member

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    Did "he" go to jail? Getting caught at a weigh station is a big deal. They will word it possession of marijuana while operating a CMV. He may get on with a company, and may even run a few loads but the truth will come to light when he has to go to court. They will periodically check his records to make sure no new skeletons have come up. Either he will be denied, or he will get on somewhere and eventually be fired. Now he wont be able to work with a reputable company for a few years after that. I can speak on this because my 1st couple of years as a CDL holder I did a lot of dumb #### and had run ins with the law. I've talked about this on here a few times. All isn't lost for your "friend" though. He will have to work at a 1099 company to rehab himself, but he has GOT TO leave the weed alone for good. It will cause more problems than anything in this industry, trust me.
     
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  4. x1Heavy

    x1Heavy Road Train Member

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    Bryan is correct. This industry as a Federally Regulated Industry is absolutely intolerant towards pot. It is a schedule one substance with no medicine value according to the DEA and according to the FDA and in addition the DOT and FMCSA regulations governing medicines which as of Jan 1 2018 includes pain medicine and narcotics schedules two and three. You are disqualified from driving a CMV for a period of time equalling 7 times the number of hours it takes for say Morphine to leave your system (This is your half life...) You will also have to prove with a piss or blood test that you are clear of the same in addition to possibility of a letter from the prescribing clinic that you have no active prescriptions or pills of that kind period.

    When my Pain clinic and I had a converstation related to trucking and medicine, he was absolute in saying as of Jan1 '18 you will not have narcotics on you around CMV's period. Or even actively inside of you.

    POT as a schedule one is itself a total and absolute Ban. No ifs buts or maybes.

    I have a form of palsy and have discovered a supply of CBD Derived oils from Pot plants growing in Colorado but processed here in Arkansas to where all THC is removed from the oil and certified as such from DEA, FDA etc as THC free. I am allowed to use that on the skin to take care of occasional palsy now and then even when driving which is one of the issues about driving itself.

    Under our laws it is absolutely legal for that purpose provided it does not have ANY THC in it. No pot card needed either. Just about 110 dollars cash for a lotion bottle of about 500 ml in size. Which isnt that much.

    Believe you me when I say that if they test me as they do once a month against illegal drugs and against smoking as well as showing that I have pain medicine on board inside my body as a enforcement tool. Twice a year they throw me into a thousand dollar drug test where literally everything is tested, I think hundreds of items. Are the heart throwing out pre-attack chemicals into the blood? Are the kidneys tossing or leaking into the Urine excessively certain substances indicating a very serious health issue etc. Among other things.

    Personally these tests do not bother me because once I take a medicine within 15 minutes it's going to be in the urine if not sooner than that. It will also show up in the eyes itself when it interferes with certain specific mechanisms of how the eyes work. It will reveal that you are indeed impaired or in other words under the influence of something. What that something is will be determined by a blood draw against you. 4th Amendment against search and seizure of effects and personal papers are long extinct. The Law can absolutely take you to the blood draw room, restrain you and then have a trained blood draw person get enough out of your arm or any place that has it in sufficient amount to go ahead and decide where you are against drugs, alcohol and other problems.

    Again, trucking is totally as a industry intolerant. You can type for yourself, your "Friend" or a bus load of violators etc. The Laws and processes are pretty clear.

    Also the other problem with possessing a CDL A or CDL B at the time you are "Caught" with drugs or alcohol or both your penalties that are assessed is going to be quite something.

    IF you are in Arkansas driving your personal Car, a company issued vehicle or your spouse's car or your Daddy's SUV etc whatever it is, should you be found to have drugs and or alcohol in your system roadside at that moment the State of Arkansas now owns that vehicle outright free and clear as soon as the title company goes through the transfer of ownership in a expedited manner. Whatever they do with it is now their problem. The existance of monthly payments, loans, existance of such at the Bank etc against you the owner or you borrowing a vehicle from someone else who is the owner making payments etc. All that does not matter anymore. Its safe to say that your relationship at this point has led you personally to the Civil Court to seek a judgement against you for the value of the vehicle personally.

    IF this does not as they say "Harsh your mellow" with this stuff then I don't know what will.
     
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  5. stillwurkin

    stillwurkin Road Train Member

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    And with that info..he took another puff, then another puff, and another, puff and that was enough. CDL revoked, sleeping in now, letting others do the truck'in, take'in it easy man. Thats the plan. Things are up in smoke, since the CDL revoke. Been a slow regression, since that dang possession. The law said it's no joke, to think it all started ,with just a small toke.
     
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  6. starmac

    starmac Road Train Member

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    We need Paul Harvey and the rest of the story.

    How did you manage to not yet have charges filed if busted and if they have not filed charges yet, how do you know if they are going to?
    Now how did you manage to get your self fired if no charges have been filed, did you just up and tell your employer that you have been caught, but they have done nothing about it?

    What did you get busted for that actually got you fired, that may be the more important questioin.
     
  7. x1Heavy

    x1Heavy Road Train Member

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    Paul Harvey was a treasure. I miss him even today.

     
  8. stillwurkin

    stillwurkin Road Train Member

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    Thanks again X1. Sad but true that is slowly coming to fruition.
     
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  9. Lango103

    Lango103 Bobtail Member

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    he was honest with the officer and told them where he had his pot and he gave a misdemeanor shut him down for 24 hours and gave him a court date for a couple months later
     
  10. starmac

    starmac Road Train Member

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    How does one have a court date with no charges, sounds like the misdemeanor is the charges?
    It sounds to me like he is very lucky he found the officer he did.
     
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  11. bryan21384

    bryan21384 Road Train Member

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    Sometimes they just give you a citation. I had pot in my personal vehicle back in 2012. The officer gave me citation but still had to go to court. If you're honest with the police, they will cut you a break and not take you to jail over a small amount of drugs. That being said, his "friend" will have to go to court, and will have to pay fines and do a year probation. Once all of that is levied, it will count as a conviction, as if he went to jail. It will show up on all background checks when he tries to get a job. In a nut shell, his friend wont be able to work at any reputable company for at minimum 3-5 years. He will have to go somewhere where they don't use DAC
     
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