2 dui,s

[Windwalker]

Windy's comment is interesting. I don't know if all states are that way. I'm pretty sure SOME will expunge a DUI.

My wife got a DUI 4 years ago. I spent some time looking into getting it expunged from her record so that she could get behind the wheel again. I looked for the article this morning and didn't find it, but back when I was researching it, I found it. There is a law in the State of Florida that states a DUI/DWI is one of the offenses that can not be expunged. Recently, I also had a chance to ask an attorney about it, when he brought his riding lawn mower over for repair. By law, in this state, you can not expunge a DUI. It will stay on your record.

Something else I found out that I thought was interesting. The insurance companies have a "preferred list" (sarcastic, I'm sure). If you've ever had your driver's license suspended or revoked, for any reason, your name is on the list. And, it sounds like that list affects your premium rates. I don't know where it's kept on file, or just how it works, but I found out about it when I was told that my name is not on it. Never even imagined such a thing existed until I was told that.

[imjustdave@hotmail.com]

It's amazing how PC this message board has become.
We use to fillet and skin felons here.

.... just sayin'

I think it has to do with the fact of Time 15 years ago and the guy sounds genuien about his past mistakes and not repeating them.

I for one have never had the personal exposoure to loosing someone to a drunk, but I do not tollerate it one bit, I honestly think the DUI laws are a joke and need improvments.

[GMAN]

DUI laws should be changed. There should not be any difference in a DUI and any other offense. My main problem with the DUI laws is the one that involves implied consent. I see no need for a DUI to follow someone more than any other infraction of the law. I understand that there is considerable liability for a carrier to hire someone with that in their background. It is more about litigation should the driver be involved in an accident. Insurance companies and carriers are afraid of the possible repercussions in court. Lawyers will look for anything to shake money from the insurance company or carrier. Think of Al Capone with a law degree. I think that when someone puts forth the effort to change their life that we should do anything we can to support their efforts. Once someone has served their time or paid their fine we need to forget about the past and help these people get on with their lives.

[Fredog]

DUI laws should be changed. There should not be any difference in a DUI and any other offense. My main problem with the DUI laws is the one that involves implied consent. I see no need for a DUI to follow someone more than any other infraction of the law. I understand that there is considerable liability for a carrier to hire someone with that in their background. It is more about litigation should the driver be involved in an accident. Insurance companies and carriers are afraid of the possible repercussions in court. Lawyers will look for anything to shake money from the insurance company or carrier. Think of Al Capone with a law degree. I think that when someone puts forth the effort to change their life that we should do anything we can to support their efforts. Once someone has served their time or paid their fine we need to forget about the past and help these people get on with their lives.

you CANT be serious!! you mean you think going 10 mph over the speed limit is just as bad as dwi??

[GMAN]

you CANT be serious!! you mean you think going 10 mph over the speed limit is just as bad as dwi??

You are reading something into what I wrote that I never said, Fredog. I think that people make mistakes. I believe that when people are trying to change their lives that we as a society should help them make those changes rather than kicking them in the teeth. DWI and speeding are both breaking the law. Both can result in bodily injury and death. I never stated that driving while drinking was right. All I am saying is that at some point we need to allow these people to continue with their lives. When we continue to penalize people for past crimes we encourage their bad behavior since we won't give them credit for their good behavior. I don't think that a DWI or DUI should follow someone for the rest of their lives any more than a speeding ticket should follow someone the rest of their life.

[GMAN]

One other thing, Fredog. Without all the money these lawyers receive to defend someone charged with a DWI or DUI, you would not have seen the laws changed. What other crime can you be accused of where you are guilty for simply NOT giving evidence against yourself? The government makes millions of dollars off of these bogus laws. Lawyers make millions of dollars from the laws that they pass concerning implied consent. It is a great racket if you are a lawyer, even though it is unconstitutional. With current DUI laws, you are either guilty or you are guilty.

[freebirdrfd]

In Massachusetts if you have a C.D.L. nothing ever gets taken off your driving record

[Fredog]

One other thing, Fredog. Without all the money these lawyers receive to defend someone charged with a DWI or DUI, you would not have seen the laws changed. What other crime can you be accused of where you are guilty for simply NOT giving evidence against yourself? The government makes millions of dollars off of these bogus laws. Lawyers make millions of dollars from the laws that they pass concerning implied consent. It is a great racket if you are a lawyer, even though it is unconstitutional. With current DUI laws, you are either guilty or you are guilty.

There should not be any difference in a DUI and any other offense

this is the statement that confused me. personally, I think MAYBE one dui can be forgiven IF the person gets help and learns a lesson, but multiple dui offenders should be locked up for life.

[GMAN]

There should not be any difference in a DUI and any other offense

this is the statement that confused me. personally, I think MAYBE one dui can be forgiven IF the person gets help and learns a lesson, but multiple dui offenders should be locked up for life.

I am primarily talking about the length of time that a DUI conviction is on your record. I might feel the same as you if current DUI laws were treated the same as any other criminal offense. I have NO sympathy for someone who drives a commercial vehicle and is convicted of DUI. I don't drink, but with current laws, someone can be convicted for none compliance with implied consent laws. These convictions are treated the same as if you were driving under the influence. For instance, if I refuse to provide a breath sample I could be convicted of DUI, whether I am drinking or not and whether I am driving or not. You don't even need to be driving to be convicted. That is the reason I feel the way I do about DUI convictions under current laws. That is the reason why I don't place as much credence in a DUI conviction as some may. These laws make about as much sense as the gun laws in New York. You can be convicted of having a loaded gun in your vehicle even if it is unloaded if the ammunition is in close proximity to the gun. That is considered a felony in New York.

[Fredog]

the law says your license is automatically suspended if you refuse a test, but you can NOT be convicted of the dui in this case.
that's why when a drunk is involved in a wreck, often he will run, and then when he sobers up, he will turn himself in, then they cant convict him of dui
because he will pass the test

[GMAN]

the law says your license is automatically suspended if you refuse a test, but you can NOT be convicted of the dui in this case.
that's why when a drunk is involved in a wreck, often he will run, and then when he sobers up, he will turn himself in, then they cant convict him of dui
because he will pass the test

Under current laws, at least in my state, if you refuse to take the breath test you will be found guilty of DWI. Your license will be suspended for 1 year and you could spend 48 hours in jail. I believe that they have changed the law to get rid of the DWI designation and now use the DUI for both the implied consent and actually driving under the influence. Refusal is an automatic conviction. I believe that it is the same with most states. I did quite a bit of research on this a few years ago, in several states, and was surprised that to find that you could actually be convicted of driving while intoxicated by refusing to take a breath test, which violates the fifth amendment of the constitution. I have spoken with a couple of people who were convicted under the implied consent laws and was told that it showed up as a DWI or DUI conviction.

[Fredog]

Tennessee Implied Consent Law & Test Refusal Penalties

The officer is then going to request that you submit to a chemical test. Submitting to a chemical test is required by the Tennessee Implied consent law. If a driver refuses to submit to a chemical test, the officer must inform the driver of the penalties for test refusal and then ask the driver a second time if he or she will submit to a chemical test.
If this is a first offense violation, your license will be revoked for 1-year for a test refusal. A second offense refusal will result in a 2-year revocation of your license. If a driving under the influence offense results in a crash causing injuries to another person and you refuse to submit to a chemical test your license will be revoked for 2-years or 5-years if the crash resulted in a death.

[Mr. Ford95]

Unless it's changed in VA, you can refuse the tests as long as you want so said lawyers here. They said it was easy to get off if caught, refuse all the roadside tests, let them suspend your license and sit you in jail. DO NOT take any test when they ask you to at the pokey. Continue to refuse it until you know your sober, once you feel your sober enough then you take the breath test. You come up clean and dead sober so they let you out. Upon getting out, go get a lawyer and you can get everything expunged and you make some money out of it for false imprisonment. The breath test you finally took showed you were sober, they have no other evidence against you other than their word against yours which won't fly in court when the breath test shows you were sober so long as you refuse the other field tests also. Again, this info is about 10 years old so the loophole may have been closed. It was a flaw in the system that was easy to expose if you got stopped for a DUI/DWI.

[GMAN]

I doubt that would fly today. Most states have similar laws concerning implied consent and DUI's. It has been several years since I did the research on these laws, but most of them are pretty similar. I would expect that you would be required to take the breath test within a certain time period for it to be valid in court. At one time lawyers used to tell clients to not take the breath tests if caught driving under the influence. Without the breath test it was much more difficult to prove whether the client was drinking or not and how much. It was basically their word against the officer.

I spoke to a guy who lives about 30 miles from me and he was arrested and charged after testing positive for drinking. In court his lawyer had him take a breath test and then swash some Listerine around in his mouth and then administer the breath test again. He tested no alcohol with the first test and over the limit with the second. His case was supposed to have been kicked out.

[cycle1667]

i had 2 back in 94..allmost in the same month....everything was taken care off in 95, and have not drank since....

the 2 tickets were coming home from the bar




problem...no one wants to hire me.....am i unemployable in the trucking industry, even that i have not drank in 15 yrs.



the 2 tickets were coming home from the bar

Check with AA and see if they have a driver's meeting. That is how a lot of people are networking these days.

[ronss]

i am in arziona, and the 2 dui,s stay on forever...it will be on my criminal background check, and the second dui was aggravated, driving on a suspended lisc..it was a felony, but i got it esponged.

i sort of need to go through truck driving school, but sort of usless unless i cannot get on with someone ,,or a company driving school

got 15 yrs experience, not accidents, and actually received safe driving awards from the dot.

one school i called, he just said i got to take the first step, get the cdl and then worry about the job..i don,t like that approach, they just want the money.

[ronss]

i email cr egland and told them my story,,,they did send me an applications.....one of the requirement, no dui,s in the last 7yrs...so there is hope

[GMAN]

I would check around with some other carriers. CR England will try to push you into one of their lease programs. You don't want to get involved in one of those if you want to earn a decent living in this business. It is wise of you to do some checking around prior to spending your money on school. Since it has been 15 years since your conviction I would think that you could get on with someone. There is a company listings on this forum with their basic requirements. It would probably be easier to find something if you had held a CDL for a few years. You might also check local truck stops. They usually have a number of magazines that list carriers and job opportunities.

[ronss]

thanks....i emailed milessa out of new mexico, they said the 2 dui,s from 94 had no bearing on getting a job there..is differs it seems like night and day from company to company......i was going to use cr england to get the cdl, ....and go from there after a yr....so many bad stories about cr england,s school

well, i got a job in the medical field today, so trucking driving will be now put on hold , unless something happens to this job...later

[cycle1667]

Good luck with your future endeavors Ronss, If trucking is still your goal, I hope you will achieve it.
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