drunk officer kills motorcyclist

[Benny]

I couldn't site the law but that is what my trucker friends have told me. It's supposed to be part of the cdl laws and regulations.

So I guess their CDL replaces their regular DL? Because how else would the police officer know? Seems like all he/she'd have to do is hand them their regular DL and after they blew a .04, they'd be on their way.

 

[sj kahr k40]

Does a CDL replace your regular driver's license or do you have both?

CDL replaces your regular DL

 

[Benny]

CDL replaces your regular DL

OK, so they automatically know when you present your ID.

So I guess it's a zero tolerance issue.

That's really odd they'd get their CDL taken from them for blowing a .04 in their own personal car. I don't condone drinking and driving, but (while in their personal vehicle) should have the same rights as everyone else...Seems pretty silly IMO.

 

[sj kahr k40]

I know a few truckers that carry a DL and a CDL from different states just for this reason

 

[ironjaw]

I know a few truckers that carry a DL and a CDL from different states just for this reason

they better never get caught. I have my cdl and I wouldn't jepordize having it just cuz I want something to drink. anytime a cdl driver fills out an application for employment, he has to fill out work history, addresses and all D.L. #'s he/she has had for the past 10 yrs.

 

[sj kahr k40]

they better never get caught. I have my cdl and I wouldn't jepordize having it just cuz I want something to drink. anytime a cdl driver fills out an application for employment, he has to fill out work history, addresses and all D.L. #'s he/she has had for the past 10 yrs.

I'm sure they just omitted this second DL, the ones I know all live in IN but use the terminal address in KY to get a DL, if they get a DUI on their DL they are still losing their jobs I'm sure, my former BIL had 4 different state DL when he was in the Navy

 

[hornadylnl]

I'm sure the state would catch your cdl if you presented a regular dl if you blow over .08.

 

[sj kahr k40]

I'm sure the state would catch your cdl if you presented a regular dl if you blow over .08.

I'm sure they would too, their reason was they could blow .06 and still be legal, seemed like they were looking for problems but one had been doing it for 20 years and no problems

 

[Benny]

I'm sure the state would catch your cdl if you presented a regular dl if you blow over .08.

Which they absolutely should, because driving with .08(sometimes as low as .05) or higher is illegal. However, driving with a BAC of .04 isn't illegal anywhere in the United States(IIRC).

It doesn't matter with any other job, I don't see why it would matter with a truck driver off of the clock.



IMO.

 

[king_jew2000]

the bikers should unite on that guy!

 

[downzero]

Which they absolutely should, because driving with .08(sometimes as low as .05) or higher is illegal. However, driving with a BAC of .04 isn't illegal anywhere in the United States(IIRC).

It doesn't matter with any other job, I don't see why it would matter with a truck driver off of the clock.



IMO.

It is illegal, from my understanding, to drive impaired. The arbitrary limits on legal intoxication are a ceiling, but not a floor. I believe you can be charged with and convicted of DUI in many states without blowing over the limit...or even blowing at all.

If a jury accepts a police officer's testimony that you drove impaired, you're toast.

 

[hornadylnl]

Iirc, in Germany, if you so much as registered they could say you failed the field sobriety test. They always warned those with a southern draw not to take a sip if they were driving. To the polizei, a southern twang made someone sound drunk.

 

[Benny]

It is illegal, from my understanding, to drive impaired. The arbitrary limits on legal intoxication are a ceiling, but not a floor. I believe you can be charged with and convicted of DUI in many states without blowing over the limit...or even blowing at all.

If a jury accepts a police officer's testimony that you drove impaired, you're toast.

Yes, the .08 limit is just a ceiling, but it has been my understanding that .05 is the floor...However, up until ~2003(I think?) you could blow a .04 and have people in your car drinking and it'd be legal. Maybe when they changed that law, they also changed the .05 floor. I honestly don't know.

(BTW, I'm talking about IN law)

 

[phylodog]

You can be charged with operating a motor vehicle while intoxicated without coming anywhere near a blood draw or breath test. Typically if someone does consent to a test and they are above the legal limit they are charged with operating a motor vehicle while intoxicated and operating a motor vehicle with a blood alcohol content of .08% or greater. Two separate charges.

 

[downzero]

Yes, the .08 limit is just a ceiling, but it has been my understanding that .05 is the floor...However, up until ~2003(I think?) you could blow a .04 and have people in your car drinking and it'd be legal. Maybe when they changed that law, they also changed the .05 floor. I honestly don't know.

(BTW, I'm talking about IN law)

There are a number of reasons why I shouldn't and can't opine on the more subjective notions of Indiana law, among them that I don't know them, haven't read them, etc.

That said, my understanding of DUI statutes generally is that driving impaired == a violation. That might not be true in Indiana.

I can say that I'd never inform a police officer that I was drinking before he pulled me over. Most cops that I know have put away plenty of people for DUI after "two beers." Whether I was telling the truth or not, he'd probably never know (aka, I probably would be the guy who had two beers legitimately, whereas others would say that, even though it'd be a lie). Either way, I don't feel the need to find out whether he does or not by mentioning that I drank alcohol before getting behind the wheel.

 

[cordex]

I can say that I'd never inform a police officer that I was drinking before he pulled me over.

Well, yeah, because driving by a cop while yelling out the window "I BEEN DRINKING, COPPER!" probably isn't the best idea.

 

[Fargo]

As I read the documents the enforcer in this case may not even be eligible to be fired, as it stands (unless there's a seperate clause for killing people with your take home car).

Department Policy | Indiana Barrister

Read the line immediately below the little suspension chart. Those are MINIMUM sanctions.

Joe

 

[antdog/zook]

prayers sent to family and friends. r.i.p. hope for recovery of those that were seriously injured!

 

[deerslayer13]

i live in the area and that there has made me mad. yes he was 2 times over the limit going 90 mph into the intersection. 4 felony charges of drinking where droped agianst him since his pals did not follow proper blood draw proc. if that was me or u i will tell u now that it would not matter how they got the prof we where drunk we would get all charges used agianst us no ?s

 

[deerslayer13]

of course FBI is involved now but even so there has been no fed offence cometed so my opion is they want to make it look like they care when really they dont