I had a case the other day where a driver was involved in an accident with a passenger vehicle. The officer was not present to see the accident but upon arrival, interviewed the other driver and wrote my client several citations. My client was adamant that he did nothing wrong and that the other c...
For those of you who don’t know me, or have not figured it out yet, my firm defends CDL drivers with traffic citations. Most days the job is pretty straight forward, a driver gets a citation and we defend him or her. Easy enough. However, there is a percentage of our practice that falls int...
Employment lawyers have it figured out. With all the inconsistent decisions coming down from the NLRB, state and federal courts there is always plenty of work. One of my favorites for providing entertaining reading and job security for my employment lawyer friends is the National Labor Relations B...
You knew it was going to happen. We all did. A commercial vehicle hauling “legal” hemp/marijuana would be stopped, the cargo seized and the driver prosecuted.
On January 24, 20198 the Idaho State Police seized 6,701 pounds of allegedly illicit marijuana at the East Boise Point of Entr...
Drug Recognition Evaluations
Let’s be totally upfront about this. I am vehemently opposed to anyone operating any type of vehicle under the influence of drugs or alcohol. I really can’t express how strongly I feel about this. Having a license is a privilege – not a right.
Without a doubt, John Prine is my favorite living singer/songwriter. From songs like Sam Stone (live version) to Summers End he has the ability to make you laugh and cry. Often in the same song.
It comes as no surprise that the John Prine song "Living in the Future" got stuck in my head whi...
If you are willing to entertain the far-fetched notion that lawyers have friends you may also believe that, occasionally, we get invited to social functions. At these events one of the most common questions we get asked, other than will you draft my will (the answer is no), is the difference betwee...
The FMCSA issued revised guidance on personal conveyances. The revisions are pretty straight forward and you should familiarize yourself with them. With that being said, here are some of the highlights and things you need to understand.
1. Allowing personal conveyance is not a requirement. It i...
The purpose of this article is not to discuss a CDL driver’s right to possess a firearm in a commercial vehicle. If you want to know the answer is to that question you will need to start with the employer’s policy and the laws of each and every state in which you travel. Second, while ...
As of today, 30 states have legalized the use of marijuana for medical purposes. With so many states easing restrictions on the use of marijuana the question has been asked “how does this impact the commercial driver?” Quite simply, it doesn’t. CMV drivers must adhere to the fe...