Even A Not Guilty Of DUI Can Harm Your Future

Topic 12694 | Page 1

Page 1 of 2 Next Page Go To Page:
Tanker Man's Comment
member avatar

So given my current situation, which some of you may know from my recent posts...I may be up creek without a paddle. I was charged with DUI in 2012 and found NOT GUILTY. However, I still had my license suspended and had to have the interlock because the drivers license hearing was before my actual court date. Anyway at court was found not guilty. Therefore I figured I would be good to go no convictions so on and so forth. How wrong I was. I am quickly finding out that even though I was not guilty, some of the major companies won't even look at me until 5 years after. Then to top things off, called Werner today and talked to them only to find out that I'm going to have to go to a different school because my school isn't on there "list of approved schools." Frustrated is an understatement at this point and not sure where to go next.

DUI:

Driving Under the Influence

Scott M's Comment
member avatar

Did you have a lawyer at the very start of this? Maybe you didn't have one- they can be expensive.

Doesn't seem right to have a license hearing, then a court date later. That you were punished even though found not guilty in court, Seems like the State's laws/rules are screwed up. Is this in Kansas?

Maybe a lawyer could clean all this up? Maybe if you got a lawyer, in 2 months this is cleaned up, and you can apply for jobs again?

Sounds like there's more to the story.

Tanker Man's Comment
member avatar

This was in Kansas and I did have a lawyer. The way Kansas does things is very weird. First they have the license hearing which is approximately 60 days after your charge date. Then they if you hired an attorney then of course you'll have continuances filed until they come up to the trial date if you will. i have thought about hiring an attorney to see about getting this removed after all this.

Tanker Man's Comment
member avatar

When pulling my MVR the only thing that is showing up is a "restriction" that has DUI interlock under the restriction tab but as far as violations they weren't any violations. I don't know, I was always under the impression not guilty was not guilty and if that was the case no conviction was made. When I talked to Swift they said it doesn't matter, with that being on my record it's considered the samerhing as a DUI and I will have to wait for awhile.

MVR:

Motor Vehicle Record

An MVR is a report of your driving history, as reported from your state Department of Motor Vehicles. Information on this report may include Drivers License information, point history, violations, convictions, and license status on your driving record.

DUI:

Driving Under the Influence

OWI:

Operating While Intoxicated

Scott M's Comment
member avatar

When pulling my MVR the only thing that is showing up is a "restriction" that has DUI interlock under the restriction tab but as far as violations they weren't any violations. I don't know, I was always under the impression not guilty was not guilty and if that was the case no conviction was made. When I talked to Swift they said it doesn't matter, with that being on my record it's considered the samerhing as a DUI and I will have to wait for awhile.

Bottom line- NOT GUILTY is NOT GUILTY. Not guilty does not mean- Not guilty with interlock restriction on your record.

I know a lawyer is not cheap- but I would keep at it to get the restriction and interlock removed.

Even talk to the Kansas Attorney General; Or see your state representative, and senator.

MVR:

Motor Vehicle Record

An MVR is a report of your driving history, as reported from your state Department of Motor Vehicles. Information on this report may include Drivers License information, point history, violations, convictions, and license status on your driving record.

DUI:

Driving Under the Influence

OWI:

Operating While Intoxicated

Tanker Man's Comment
member avatar

double-quotes-start.png

When pulling my MVR the only thing that is showing up is a "restriction" that has DUI interlock under the restriction tab but as far as violations they weren't any violations. I don't know, I was always under the impression not guilty was not guilty and if that was the case no conviction was made. When I talked to Swift they said it doesn't matter, with that being on my record it's considered the samerhing as a DUI and I will have to wait for awhile.

double-quotes-end.png

Bottom line- NOT GUILTY is NOT GUILTY. Not guilty does not mean- Not guilty with interlock restriction on your record.

I know a lawyer is not cheap- but I would keep at it to get the restriction and interlock removed.

Even talk to the Kansas Attorney General; Or see your state representative, and senator.

Ya sounds like I'm going to have to. I just called Swift for ****s and giggles to see what they would say. They basically told me even though I'm not guilty (which I have documentation showing in not) the DOT will look at it as if I was guilty and so will they no exceptions.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

MVR:

Motor Vehicle Record

An MVR is a report of your driving history, as reported from your state Department of Motor Vehicles. Information on this report may include Drivers License information, point history, violations, convictions, and license status on your driving record.

DUI:

Driving Under the Influence

OWI:

Operating While Intoxicated

Susan D. 's Comment
member avatar

Yes Cory, you have to find a way to get that removed. I would exhaust every avenue, from getting an appointment with a judge, contacting the state attorney general, hiring a lawyer.. whatever it takes because that screwup is directly going to affect your livelyhood.

I wish you the best and please let us know how it's progressing. I really want to see you get a good start and drive for a nice company.

Tanker Man's Comment
member avatar

Yes Cory, you have to find a way to get that removed. I would exhaust every avenue, from getting an appointment with a judge, contacting the state attorney general, hiring a lawyer.. whatever it takes because that screwup is directly going to affect your livelyhood.

I wish you the best and please let us know how it's progressing. I really want to see you get a good start and drive for a nice company.

I appreciate it Sue. I'm planning on talking to an attorney tomorrow and seeing what my options are. In the mean time I still have a few options that I'm working with as far as companies which would include TransAm, Keim TS, and now I'm looking into U.S. Express. Hoping for the best!

Saxon W.'s Comment
member avatar

Maybe I am misunderstanding the situation, but did you refuse to submit to a BAC test at any point?

BMI:

Body mass index (BMI)

BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

  • Underestimate body fat for older adults or other people with low muscle mass
  • Overestimate body fat for people who are very muscular and physically fit

It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

Tanker Man's Comment
member avatar

Maybe I am misunderstanding the situation, but did you refuse to submit to a BAC test at any point?

Nope, I fully cooperated and submitted to the BAC test. I went and talked to my attorney today and from what I am gathering from him, the state of Kansas has changed the laws around so that even though I was found guilty, it is not an option to have this removed from my MVR at any point in my life. So therefore, this "not guilty" verdict has and will be treated as a DUI anyway. I have been turned down by 18 trucking companies thus far. The only 2 that haven't denied me because of the DUI was TransAm and Werner. The only reason I can't get on with them right now is one I am still in school and two my school is not acceptable to their standards. At this point in time, I am kind of tired of rejections and am thinking about just living with my current situation for the time being. I am already 3 years and 4 months since my charge happened so really not that much longer until the actual 5 year mark hits that will allow me to have a chance with some of these bigger companies. Yes, it sucks tremendously and I am extremely let down, not so much by the companies more so with myself for making such a dumb decision 3 years and 4 months ago. However, at the same time, there is a truck out there with my name on it, I just have to keep searching. I am a very persistent person and I will find a company that will take me. It may be a smaller company but anything is better than nothing at this point.

BMI:

Body mass index (BMI)

BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

  • Underestimate body fat for older adults or other people with low muscle mass
  • Overestimate body fat for people who are very muscular and physically fit

It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

MVR:

Motor Vehicle Record

An MVR is a report of your driving history, as reported from your state Department of Motor Vehicles. Information on this report may include Drivers License information, point history, violations, convictions, and license status on your driving record.

DUI:

Driving Under the Influence

Page 1 of 2 Next Page Go To Page:

New Reply:

New! Check out our help videos for a better understanding of our forum features

Bold
Italic
Underline
Quote
Photo
Link
Smiley
Links On TruckingTruth


example: TruckingTruth Homepage



example: https://www.truckingtruth.com
Submit
Cancel
Upload New Photo
Please enter a caption of one sentence or less:

Click on any of the buttons below to insert a link to that section of TruckingTruth:

Getting Started In Trucking High Road Training Program Company-Sponsored Training Programs Apply For Company-Sponsored Training Truck Driver's Career Guide Choosing A School Choosing A Company Truck Driving Schools Truck Driving Jobs Apply For Truck Driving Jobs DOT Physical Drug Testing Items To Pack Pre-Hire Letters CDL Practice Tests Trucking Company Reviews Brett's Book Leasing A Truck Pre-Trip Inspection Learn The Logbook Rules Sleep Apnea
Done
Done

0 characters so far - 5,500 maximum allowed.
Submit Preview

Preview:

Submit
Cancel

This topic has the following tags:

Background Checks Drivers Past Legal Issues DUI Hard Lessons Learned
Click on any of the buttons above to view topics with that tag, or you can view a list of all forum tags here.

Join Us!

We have an awesome set of tools that will help you understand the trucking industry and prepare for a great start to your trucking career. Not only that, but everything we offer here at TruckingTruth is 100% free - no strings attached! Sign up now and get instant access to our member's section:
High Road Training Program Logo
  • The High Road Training Program
  • The High Road Article Series
  • The Friendliest Trucker's Forum Ever!
  • Email Updates When New Articles Are Posted

Apply For Paid CDL Training Through TruckingTruth

Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:

Apply For Paid CDL Training

About Us

TruckingTruth was founded by Brett Aquila (that's me!), a 15 year truck driving veteran, in January 2007. After 15 years on the road I wanted to help people understand the trucking industry and everything that came with the career and lifestyle of an over the road trucker. We'll help you make the right choices and prepare for a great start to your trucking career.

Read More

Becoming A Truck Driver

Becoming A Truck Driver is a dream we've all pondered at some point in our lives. We've all wondered if the adventure and challenges of life on the open road would suit us better than the ordinary day to day lives we've always known. At TruckingTruth we'll help you decide if trucking is right for you and help you get your career off to a great start.

Learn More