Technically no, you can not log off duty sitting in the drivers seat. FMCSA states that any time in a 'readiness to drive or operate the machinery' needs to be logged on line 4.
Sitting in a parked vehicle in the drivers seat means you're in control of the vehicle. That's not what I say, thats what the law says. Don't like it? Don't sit in the drivers seat. A car has more than one seat, doesn't it? I don't care what the OP's situation was. The law is black and white.
Questions about Finding a job post dui
Discussion in 'Experienced Truckers' Advice' started by Aireal, Feb 11, 2013.
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i agree these new laws are just *#***$#"d up.
Last edited: Feb 23, 2013
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Ghost Rhyderand Pokerhound likes to talk out of their ##### a lot doesnt they. Lot of sad people seem to need to find fault with others to hid their self knowledge.
You can sit in your drivers seat logged off duty no matter how much #### you wanna make up or spin the other way.
You can sleep drunk in your drivers seat.. as long as you take the keys out of the ignition.
Had this happen: Friend was driving my car home. I was too drunk to drive and knew it. We got to her house but i didnt want to sleep on her couch for many many reasons so she goes in i pull 30 feet to a little closed store. Pull the keys out and put them in the console and go to bed. Cop comes up (because theyre not used to people being there) and talks to me i tell him whats up. He says i made a good choice cool but will you do a blow test which i do. (he wanted to see if i was legal to drive out of there). It didnt register (my mouth dries out). He said i cant let you stay here man but im afraid youre too drunk i tell him ill have a friend pick me up. He says cool have a good night.
that's how that should be done. the sad little people who need people to hate on these forums are just that.. sad little people. -
I agree with the posters who said this serves no public interest to harass someone who wasn't driving. In El Paso, in 1989, I walked out of a bar to my car. Walked up to the PASSENGER door. Without even setting in the seat, I reached into the glove box to retrieve the 2 20 dollar bills I had there for cab fare. I closed the door, locked it, and turned around and almost bumped into the cop who proceeded to inform me that he could give me a DUI, because having my keys out of my pocket constituted intent. The only thing that saved me was the cab driver pulled up and knew the name of who he came to get. Keep in mind, I never even sat in the car, in either seat, and had an issue. Also keep in mind, that while "officer friendly" was giving me grief, a number of drunk drivers actually drove away. If the OP' s friend truly wasn't driving, and truly wasn't planning to, he deserves another shot. If he was driving, or truly was planning to, then he should never get another shot. Pretty easy to figure to me anyway.
Ghost Ryder Thanks this. -
So will it show up as a ticket for "well... he wasn't driving, but we tagged him for DUI anyhow?" on his MVR, or will it just up as a no frills, no gimmicks DUI conviction? So when a carrier and their insurance provider look over the MVR, what do they see? Are they really going to take it at face value when someone tells them, "well, I was convicted, but I wasn't driving", and then decide, "oh, yeah.. he deserves to be hired"?
There's the way it should be, then there's the way it is. A recent DUI conviction is a recent DUI conviction. As far as the hiring parties are concerned, it really is that cut-and-dry. -
No, you cannot. If you don't get nabbed with a DUI there's a little something called public intoxication.
WitchingHour, joseph1135, Tonythetruckerdude and 1 other person Thank this. -
this info is accurate for CA for what its worth -
Last edited: Mar 26, 2013
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