[Frogman]

Originally Posted by dumptrucker

Last week, I failed a random drug test because some bozo friends of mine (former friends, I might add) gave me some pot brownies without telling me about the pot! This is the first time I have ever failed a whiz quiz in my life, and I did pass a random in late Sept., but I'm sure it's the one I failed that trucking companies will remember. The people who gave me the brownies have assured me they will testify before anyone they have to that I had no idea I was eating dope and they will accept the blame. My question is, what can I do to clear my name with prospective employers? Is there a process I can go thru to be able to drive class A in the future? Would going to a S.A.P. (even though I never do drugs) clear my DAC? I need some advice! Please help!

Personally, I've heard this same story so many times from soldiers that I just don't believe you . . . but . . . if you really want to fight this, I would suggest the following strategy:

1) I would hire a private polygraph examiner and have him document your story. Find one who works with cops. (Your mother can help you locate one, I'm sure.) What he will do is review the story with you and ask basic questions. He'll first ask you every question he intends to ask doing the exam. Then he will hook you up and ask the same questions. This will establish the veracity of your story.

2) Get notarized statements from the person who fed you the drugs and have them clearly state the time, place and circumstances. Just lie to him and tell him you are only using the statement to try to get your job back and no one will see it.

3) Get a load of character witness statements and influentil people ready to go to war on your behalf . . . lawyers, doctors, ministers, etc.

4) Gather your material together and go see a criminal lawyer . . . not your mother. Find someone who handles pot cases and criminal law. Ensure you understand your personal liability (if any) before going further.

5) File a police report. Call 911, have them send an officer to your home and report the crime to him. Demand to have your "buddy" arrested. If the patrol officer won't do it (which he may not based on departmental policy), go to the police station and ask to speak with someone in narcotics or the detective on duty. Present your evidence and demand that your pal be prosecuted criminally.

The polygraph, while not admissible, is highly convincing to police officers (especially if performed by someone they know). The witness statements will support your contention that you are not a criminal, and are, in fact, a victim. Your buddy's statement is a confession. Naturally, the failed urinalysis establishes that THC entered your system and that a crime of some sort was committed.

You should be able to initiate criminal action against your pal.

6) Immediately after you file a criminal action, file a civil action against your buddy. Sue him for potential of lost wages, the physical harm, the mental harm, the sullying of your character, etc. This will require a different type of lawyer. The first thing he'll ask, of course, is what your buddy is worth. You can't get anything if there are no assets . . . but, even a victory with no pay will help your credibility and good name. Of course . . . plan on paying your lawyer a lot of money . . . to include a hefty retainer.

7) With all the above ongoing, have your lawyer contact your original company and negotiate to have you reinstated in some probationary capacity. If you or your family know ayone influential, get them involved. Have your pastor and other charecter witnesses call the company too.

If your story is all true, then you have been victimized and there's a chance that the Human Resources Department or owners will work with you.

There is a body of precedence in this country that you are (a) presumed innocent until proven guilty and (b) can not be administratively "persecuted" as a result of criminal victimization. For example, if you tell me that you've been raped, I can't invoke a morals clause and fire you for committing adultery.

So if you're truly a victim and if you have the stomach to go to war over this, there is a chance that you can manipulate a slightly better outcome that you have now.

[Cluggy619]

Originally Posted by dumptrucker

Last week, I failed a random drug test because some bozo friends of mine (former friends, I might add) gave me some pot brownies without telling me about the pot! This is the first time I have ever failed a whiz quiz in my life, and I did pass a random in late Sept., but I'm sure it's the one I failed that trucking companies will remember. The people who gave me the brownies have assured me they will testify before anyone they have to that I had no idea I was eating dope and they will accept the blame. My question is, what can I do to clear my name with prospective employers? Is there a process I can go thru to be able to drive class A in the future? Would going to a S.A.P. (even though I never do drugs) clear my DAC? I need some advice! Please help!

Here's my problem with your story.

At what point did you find out your friends gave you pot brownies? Before or after the test?

Because if it was before, you were too stupid not to wait the 30 days that you were fully aware of to let it get out of your system. Taking the test while you knew that it would come back to haunt you was just plain stupid.

If it was after, when did your friend tell you? Even though nothing would have been done, I still would have filed charges on him/her just so there was a record that you didn't know that they were loaded.

You still should file charges against your ex-firend if it was fairly recent, just in case it comes up in a interview, you can show the police report.

Doing nothing is just admitting that you knew.

That's my .02

[dk132]

Originally Posted by Cluggy619

Here's my problem with your story.

At what point did you find out your friends gave you pot brownies? Before or after the test?

Because if it was before, you were too stupid not to wait the 30 days that you were fully aware of to let it get out of your system. Taking the test while you knew that it would come back to haunt you was just plain stupid.

If it was after, when did your friend tell you? Even though nothing would have been done, I still would have filed charges on him/her just so there was a record that you didn't know that they were loaded.

You still should file charges against your ex-firend if it was fairly recent, just in case it comes up in a interview, you can show the police report.

Doing nothing is just admitting that you knew.

That's my .02

Sorry your .02 dose not mean much. Was he suppose to refuse his randome? :roll: That's the same as a failed drug test :roll:

[glasman2]

Originally Posted by Cluggy619

Here's my problem with your story.

At what point did you find out your friends gave you pot brownies? Before or after the test?

Because if it was before, you were too stupid not to wait the 30 days that you were fully aware of to let it get out of your system. Taking the test while you knew that it would come back to haunt you was just plain stupid.

If it was after, when did your friend tell you? Even though nothing would have been done, I still would have filed charges on him/her just so there was a record that you didn't know that they were loaded.

You still should file charges against your ex-firend if it was fairly recent, just in case it comes up in a interview, you can show the police report.

Doing nothing is just admitting that you knew.

That's my .02

Been keeping my mouth shut on this one, but now I have something to say...


Cluggy619 High five

Like Rookie McRookerson I was in corrections and can't tell you how many times someone said "I don't know how that got there" ... "that's not mine"... "He made me do it" ... "they spiked my food"

Remember when they pounded on the door at 2 am and said " show me some skin" ? Keep up the good work and good friends and you'll be hearing that again.

[Cluggy619]

Originally Posted by dk132

Sorry your .02 dose not mean much. Was he suppose to refuse his randome? :roll: That's the same as a failed drug test :roll:

That would depend on weather he knew. If he did, you walk away, make excuses, anything rather going to the lab. I have known some who started a fight in order to be fired for that rather than taking a random.

Of course, that is just as bad.

If he didn't know, then he should file charges. Even if nothing is proven, get a police report stating he filed.

But please....goes to a party, get's fed a brownie with pot without him knowing, then gets a random shortly after? Yea, right.

He knew, and he thought he wouldn't get caught. End of story. And quite frankly, he doesn't belong on the road if he thinks he can do drugs and drive a rig.