Fact or fiction?

joebob1_30132 · Jul 16, 2006

I've towed for people who had a police contract with Marrieta Ga, Driving is a privalege not your right(their words) therfore out of service in sevice in bunk.. keys in keys out ..standing on your head in your bunk after swollowing your keys.. climbing in driverside. passenger side .sea side southside .. Marietta can arrest you with the slightest probabilty, if you blow .08..even if you blew less they didnt care. those guys were ruthless you come on down and prove your case (if you got the resourse,time ,lawyer). well be here ..we win, we loose, all the same to us. why even give them reason to put you through that hassel.

ATeam · Jul 16, 2006

This may not be as clear cut as I first thought.

See: http://www.fmcsa.dot.gov/rules-regu...761&section=392.5&section_toc=1805&guidence=Y

joebob1_30132 · Jul 17, 2006

Well A-team very good info... but the operative word in th heading of your web site is "interpretation" of that rule. again while working with the Marietta police dept on recovery, impounds (DUI)we were out there talking with them, they did fatality investigations at our shop we knew them by name they new us ... Their mind set was ..as long as we are close we will let the judge sort it out. I would say disputing the interpretation of a log rule is one thing..but just fool around with DUI law.the cost of time and alawyer is not worth the price of a good night out.. they are firm believers in you have no right to operate your commercial vehicle. just the privelage. out of service or in you are still on that states highway. keys in hand or ignition overrides what status your company considers you. but always like the info...

jaminjim · Jul 17, 2006

A helpfull link: http://www.olblueusa.org/AskTheLaw/Ask_The_Law_July_06.pdf

RichM · Jul 17, 2006

The key word in that site was in section A Part 3, "On Duty",so you could interpet it to say if you are offically logged off duty it is OK for you to posses alcholic beverages in the truck.

JohnMueller · Jul 17, 2006

In order for a driver to be sent for random drug or alcohol tests, the driver must be performing, or ready to be performing, safety senitive functions. If you are "Out of Service" with your carrier, you should not be sent for any random(s) at that time. Once you call in available, then you may be sent.

I've had a driver arrested and charged with DUI before in the state of Indiana for being intoxicated in a CMV. The driver was legally parked, in the sleeper, and the keys were hidden in a key safe attached to the frame of the truck (outside the cab and sleeper berth).

Not worth chancing anything if your CDL is your career or livelihood.

Thanks,
HotFr8Recruiter

Tennesseahawk · Jul 17, 2006

You said he was arrested and charged. Was he convicted? Popo can harrass you all they want, and come up with their version of the law as they see fit. But if they're wrong, their versions don't mean squat, except for the time you spend at their mercy.

joebob1_30132 · Jul 17, 2006

A little twist to Cherri's scenario (cherri ;-) ) what if u team, one is leagally intoxicated, but the other is not, and the sober driver has drivable hours. both in sleeper... Cuz I guarentee u the hair spliting about in service out of service does not mean squat if you are leagally intoxicated with the posability to operate any vehicle.

RichM · Jul 17, 2006

I think you could beat this nonsence. The key word is DUI,driving while Intoxicated. Somehow I think sleeping while intoxicated doesn't count whether you are in a vehicle or at home. How can the police legally charge you with DUI while you are sleeping.

Tennesseahawk · Jul 17, 2006

They could assume you're a sleepdriver.

joebob1_30132 · Jul 17, 2006

well Rich I'm still using cherri

scenario, your at a parking lot party ..the POPO are monorting it sort of they see climb into the truck,u go to the sleeper. Officer says rrriiiight, you intended on sleeping, how do i know?he says.. Its summer 75 degrees, you have no generator, you know your not sleeping in the heat. you idol the truck. Ok you dont idol. you just are legally intoxicated.

I say go for it Rich..fight the good fight.

joebob1_30132 · Jul 17, 2006

Cant drive a home,and you have the right to be there.

tec1959 · Jul 17, 2006

Well i think some of you are missing a small point here,If your in the sleeper sleeping and not drawing any attention to yourself then i think you'll be fine.Now if your sleeping in the front sent where everyone can see you then you are drawing intention to your self and the police may check on you to see if everything is ok.But here in Fla if you have the ways and means to drive after drinking you may and can be charged...

cheri1122 · Jul 17, 2006

Rich: my exhusband WAS arrested for DUI while sleeping - in his car, at a traffic light that had turned green, lol He'd passed out while the light was red...
The scenario I've heard numerous times, is drivers at a bar, being arrested as soon as they entered their trucks to sleep.
The team mentioned by JoeBob is a good point - if one driver is not drinking, how could they assume the one who was would drive? That isn't even close to logical!

RichM · Jul 17, 2006

Cheri, yeah but if he was at a light the engine must have been running and he had to drive to get to that light. I have a neighbor who got a DUI while sleeping in his car. He had left a club,started up his car,decided he had too much to drink and went to sleep. It was explained to him that, if all he wanted to do was sleep it off that would have been fine,but having the engine running is what did him in.

HOTRODD · Jul 17, 2006

Fact: Been there-Done That.
DWI Whether you are driving or sleeping in a vehicle compartment with keys, engine running or not you can be charged.
I got one in VA back in FEB. Stopped along road to make a nature call. Put trans in netural(automatic) set parking brake. Got out of seat to exit side door before I could exit.BAM thought someone had rear ended me.Got my composure looked out the front window. Parking brake didnt hold,rolled into ditch.Had I stayed out of the vehicle,they couldn't have gotten me for a DWI.( words from the state police).Keys were not in the ignition.But because i was inside the vehicle.They got me 500.00 fine 250.00 suspended.90 days in jail suspended. Loss of driving privilages in VA for 1 yr.Judge is recomending restricted driving privelages to my home state. whick I havn't heard fron yet.Just to be safe sleep in the back box on a chase lounge.Beleive me it wasn't worth the night of fun.Gave up the booze completly and dont miss it.Coke tastes just fine and no hangovers.And things sure looks brighter each morning I wake up with a clear head and eyes.

cheri1122 · Jul 17, 2006

Thanks for the story, Hot Rod - it's a hard truth to accept. There isn't anything I can think of that's worth it, and considering what might have happened, it could have been much worse - you could have killed someone, you know. Based on the fact that you are enjoying waking up in the morning since you quit drinking, you really needed to - and you are very lucky if you find it easy to drink Coke instead - remember that, when you think maybe "a Few" wouldn't hurt...Good luck to you, hope you can stay sober, & get your life back on track.

arkjarhead · Jul 17, 2006

The rv guys get by with everything. Just look at the vehicles they drive. Do they have a special permit they had to test for? No. But some of those rvs are bigger than the straight trucks most people here drive. Makes you think. So what they aren't hauling a load. That doesn't make them any safer.