CDL holders did you know...

[thatguy]

to touch on a couple of the posts - in no particular order..

If someone with a CDL was offered driving school that was great, they just got a judge that didnt know the regulations.. I just drew one that knew that he couldnt without possibly losing Federal road funds if it was found out..

I had looked into getting an attorney but during the phone consultation was told that it would cost about $600 + having the car dyno'd ($100 ?) plus take a driver improvement course ($80 and a day of my time).. Then based on his experience the best we could hope for was a reduction in amount over the limit (he said the local courts did not offer driving school). Then after the conviction if i wanted to get the points back on my license i would have to take the driver improvement course again ($80 + my time).. in total it would have cost me approx $800 +/- in total..

The ticket is under $200 and I thought (correctly as it turns out if it wasnt for the CDL) 30 yrs of safe driving should count for something.. I am more worried about the affect on insurance.. IF the lawyer said he could make it go away for $X amount I would have had them do it in a heart beat but then a reduction was the best he though I thought I would try it on my own. Some of you will say im crazy for fighting this, but it wont cost me anything more than a day in court to try..


the office that wrote the ticket (also a CDL holder) was just as surprised as i was that the judge couldnt do anything.. we were both slack jawed when the judge told us. I got the impression that he may cut CDL holders some slack in the future though. This is a brand new judge so he obviously does believe in the driving school.

Before I was called up for my case the office had stopped about 10 ppl at the same spot, all for speeding - he also had a few more after me yet to be heard.. It was a good day for the office in that spot..


PLEASE FEEL FREE TO MOVE THIS TO THE TRAILER/TRANSPORTATION SECTION

Brian

 

[Rock knocker]

The Judge can still find you innocent by preponderous evidence

 

[nap61]

The Judge can still find you innocent by preponderous evidence

That would require the judge to violate his sworn duty, if in fact the facts do prove there was a violation. In Louisiana, driving school (and dismissal by the prosecutor) or reduction to a non moving violation (which would not appear on your record) can only be offered by the prosecutor (plea bargin). This happens before the case is presented to the judge - therefore no conviction. The judge can not "dismiss" the case; he can only hear the case (trial) and rule guilty or not guilty.

Norm

 

[thatguy]

That would require the judge to violate his sworn duty, if in fact the facts do prove there was a violation. In Louisiana, driving school (and dismissal by the prosecutor) or reduction to a non moving violation (which would not appear on your record) can only be offered by the prosecutor (plea bargin). This happens before the case is presented to the judge - therefore no conviction. The judge can not "dismiss" the case; he can only hear the case (trial) and rule guilty or not guilty.

Norm

Before I went to court I was trying to find out what to expect. I was 'told' that only the prosecutor could 'make a deal' and I even called the prosecutors office to verify that a prosecutor would be present in court for my trail - BUT when I was called up, it was just the judge, office and me.. NO ONE ELSE..

Somehow in VA the judge has the ability to 'deal' OR they must be doing something wrong... During my trail the judge even said 'i cant even change it to a non-moving violation' so either he has the ability or thinks he does..

I am leaning toward that the judge can deal/dismiss as he sees fit in VA - at least on traffic tickets


Bran

 

[mikehaugen]

another consideration, at least in illinois is that the allowed blood alcohol content is 1/2 of that for non-cdl drivers. 0.08 down to 0.04 if you have a CDL. This doesn't matter what you are driving at the time, be it a 50cc scooter or 80,000lb tractor/trailer. They say it's because they can't know for sure if you are on your way to work.

This is one thing keeping me from getting a CDL "just in case" or for occasional side jobs. Not that I regularly drink and drive, but .04? that is a little to restrictive in my opinion. Couldn't even drink one beer without having to worry, even on a saturday night just driving my pickup.

 

[dmccarty]

another consideration, at least in illinois is that the allowed blood alcohol content is 1/2 of that for non-cdl drivers. 0.08 down to 0.04 if you have a CDL. This doesn't matter what you are driving at the time, be it a 50cc scooter or 80,000lb tractor/trailer. They say it's because they can't know for sure if you are on your way to work.

This is one thing keeping me from getting a CDL "just in case" or for occasional side jobs. Not that I regularly drink and drive, but .04? that is a little to restrictive in my opinion. Couldn't even drink one beer without having to worry, even on a saturday night just driving my pickup.

NC is similar.

BAC is a function of the amount of booze consumed, gender and body weight. At my weight, I would have to drink SIX beers in an hour to get over .08. I am NOT pounding down a six pack in an hour. :shocked: I like to savior my beer. :laughing::laughing::laughing: So I could drink three beers in an hour and be right at .04 but I would not drink three beers in an hour either. :laughing: A man's body will remove one ounce of alcohol in an hour. I think most people get in trouble by going to a bar, party, BBQ and then spending hours drinking. The booze adds up over time even though they might have only been drinking 2-3 drinks an hour. If someone only had two beers an hour, they would be getting rid of one beer as well. However, at the end of the second hour they would have had four beers but gotten rid of two. After three hours, they would have had six beers, three would be process but three would remain. At my weight I would still be at .04. But someone weighing less would be over .04, and with a CDL, they would be in trouble.

Women process alcohol a bit less effectively than men so a women would have a bit more alcohol in her system.

At two drinks per hour it does not take long to get over .08:
Hour # Drinks # Left in body
1 2 1
2 4 2
3 6 3
4 8 4
5 10 5
6 12 6

At the end of six hours, drinking two regular beers, I would be over .08. A person weighing less would be over .08 at hour 4 or 5.

If one drink three beers an hour, the progression happens much faster:
Hour # Drinks # Left in body
1 3 2
2 6 4
3 9 6
4 12 8
5 15 10

I would be at .08 at hour 3. Smaller people, especially women, would be in trouble at hour 2.

Later,
Dan