This driver is wrong about his rights. The fifth amendment does not protect your job. It only protects you from having to say or do something that may result in a criminal charge. The exact language of the amendment says "...nor shall be compelled in any criminal case to be a witness against himself".
Refusing to help a officer perform a inspection
Discussion in 'Ask An Owner Operator' started by m16ty, Mar 30, 2019.
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Providing the scale property is not posted no overnight parking or the next sound you could hear is the tow truck hooking up to you.
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Yea it used to be "To serve and protect. "
Now it's " Serve thy self, and protect thy job." -
And you were stopped in California?
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Yes north bound 14 1/2 mile north of Pearblossom exit between Acton and Palmdale. Oh by the way they only legally have 20 minutes on a traffic stop unless its an inspection.Bumper Thanks this.
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It's a rest area they use for a temp scale site, although there are open/closed signs on the interstate, but its Arizona so who can say.
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Very interesting. Since you were in violation of California Penal Code Section 25850(a), carrying a loaded firearm in a public place, I am surprised you were not arrested. Sometimes i guess you get lucky.
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I got rousted out of the one on the I 5 near Santa Nella one morning. He was opening up the scale and told us time was up and to go down one exit to the TA.
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It would be a ticketable, in most cases, I did get my butt chewed but I left the stop Ar on my back and clip in my backpack.Bumper Thanks this.
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Driving a vehicle and being granted a driver's license is not a Right but a Privilege, CDL is a privilege granted under additional conditions. I guess, that somehow from that very premise, it can be derived that checking a safety status of a CMV, which could be pretty lethal, should be demonstrated by a person who operates it. The guy refused to do so. Even if that was an encroachment on his "civil" rights, still his truck should have not proceeded until cleared.
This would require at least two qualified "do it themselves" DOT officers to proceed with an inspection on their own. If they are not there available, then he has to wait... which, I think, this should cure many like him from practicing "Constitutional Law" at a weigh station.Naptown Thanks this.
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