Issue link: https://read.dmtmag.com/i/671356
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 LEGAL LANE 8 // COMPANY DRIVER // MAY 2016 This regulation allows the offi cer to view your cell phone to see if you have been on the phone while your log book says you were driving. I might also mention here that the fi nes are up to $2,750 for each offense and could lead to disqualifi cation for multiple of- fenses if you are guilty. If your driver erases his "call history" or "recent calls" and deletes his text history on his phone after each call or text there would be no evidence of the viola- tions for the offi cer to fi nd, but that does not make the driver a safer driver. Deleting calls and texts might work with offi cer on the side of the road, but a plaintiff attorney would be able to discover the driver's phone log from the cell phone carrier to prove or disprove the driver calling/texting during the time in question. Remember, someone always knows what you are doing. The new cell phone regulation for the CDL is still untested in the courts as far as what the offi cer can seize and search on a phone. How- ever, there are a lot of court cases that do de- fi ne what an offi cer may seize and search, as all warrantless searches are governed by the Fourth Amendment. Trucking is what the Su- preme Court calls a "heavily regulated indus- try" through the FMCSA and as such the nor- mal Fourth Amendment rules are "relaxed" for the offi cers dealing with truck drivers on the road. CD Jim C. Klepper is President of Interstate Trucker Ltd., a law fi rm entirely dedicated to legal defense of the na- tion's commercial drivers. Interstate Trucker represents truck drivers throughout the forty-eight (48) states on both moving and non-moving violations. Jim is also president of Drivers Legal Plan, which allows member drivers ac- cess to his fi rm's services at greatly discounted rates. Jim, a former prosecutor, is also a registered pharmacist, with considerable experience in alcohol and drug related cases. He is a lawyer that has focused on transportation law and the trucking industry in particular. He works to answer your legal questions about trucking and life over-the-road and has his Commercial Drivers License. 800-333-DRIVE (3748) or www.interstatetrucker.com and www.driverslegalplan.com