Issue link: https://read.dmtmag.com/i/619701
T I C K E T S NO MEMBERSHIP FEES NO MONTHLY DUES MOVING AND NON-MOVING 844-784-6384 INTERSTATE TRUCKER LTD. © www.interstatetrucker.com Follow us on There are several other things the prosecutor will consider. One of those could be Actual Physical Control of the vehicle while under the infl uence. This is a lesser charge, but you still have an alcohol charge on your MVR. Keep in mind the CDL regulations require the driver to abstain from alcohol prior to and during use of a Commercial Motor Vehicle. The prosecutor could also charge him with a Detectable Amount of Alcohol in a CMV. The prosecutor would also consider the fact the truck was not capable of being driven, the driver/company had contacted three tow trucks and it would be at least until 6:00pm before they could get the truck out of the median. He could also consider the conver- sation from the QUALCOMM, texts or other documents the driver had with the company to see if the company had released the driver from On Duty to Off Duty due to the storm. Probably the most important thing the prosecutor would address would be the policy in that offi ce regarding alcohol in a vehicle, any vehicle. He could decide to not fi le the charge or he could fi le it and seek the most pun- ishment he could get. You never know how a situation like this will be ad- dressed. Keep in mind, if the driver is charged he could request a trial by jury and hope the jury would understand his position and not fi nd him guilty of DWI. Even if the prosecutor decides not to fi le the charge, there will heck to pay with the company. Not many carri- January '16 www.studentdriverplacement.com 2 1