Is my husband getting screwed & is there anything we can do or is it just how it is

by Lisa
(MA)

My husband has been a truck driver for about 12 years until recently. He was in a residential neighborhood w a 53 ft trailer & a sleeper.

He took a tight turn & clipped a mailbox. The owners said it happens all the time & should be moved no biggy till an out of town cop w nothing to do stops and proceeds to give my husband a field sobriety test which he passed.

Then a breathalyzer which he also passed.

Then without my husbands permission or the companys he searches the truck & finds a couple old & empty prescription bottles.

He then tells my husband to have someone take the truck back to the yard & that was it. Then he receives a letter in the mail saying his cdl was suspended & the reason given was immediate threat, to get it back is not easy & because he couldn't work.

He filled for unemployment, they denied him saying it was his fault he no longer had his cdl, on one side his cdl was suspended w absolutely no evidence of anything & on the other if he was taking prescription meds for a medical condition which in no way impair his ability to drive, how is it his fault.

Also, how can a cop have so much power and do this with no evidence of anything. I mean he clipped a mailbox, sometimes things r unavoidable someone parks where there not supposed to or comes speeding from the other way & he even went there on his next day off & repaired it.

My husband is a very hard worker, a great dad & a great guy & he's had his life torn apart because of a mailbox.

My question is, did this all happen on the up & up or is he getting screwed

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Apr 14, 2014
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abuse of power NEW
by: Anonymous

your best bet is a good lawyer. is should have a strong case it may take some time to get it through the legal system but in the end you could receive comp for loss of wages damages ect and the 789$%$%$ cop that caused this will get a taste of what you have gone through after a civil suit against him as well I don't think he will have much of a life left and most likely regret the day he ruined yours.

Apr 13, 2013
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Get an attorney his constitutional rights were violated
by: Anonymous

Unless he was placed under arrest or gave the officer permission to search the cab of the truck (providing the bottles were not in plain sight) what ever the officer found is NOT ADMISSIBLE in any court.

I would seek a good civil right attorney.

A person under the fourth amendment has a right to be sure in their person and property. As long as he was assigned that equipment and it was under his direction it was in all intense of purposes his property under the fourth amendment. Not that he could sell or dispose of it but he had a right to not allow that officer into the truck.

These police need a rude awakening to the fact they are NOT nominated king or dictator on the roads.

Nov 03, 2012
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Copping an attitude
by: Anonymous

I think some cops and have an attitude and are given absolute power. That is a major problem in the fact that regardless of status, some people have personality flaws.

I would definitely get a lawyer and fight this. It seems to me that this officer has COPPED an attitude and taken it out on your husband.

I would not settle for that's how it is as there was no premise for this suspension.

Good Luck!

Oct 29, 2012
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Find a lawyer
by: Anonymous

The best thing you can do, would be to hire an attorney to weed through the situation.

In the meantime if your husband had no citation and no appearance in court, then what does this officer have as evidence?

Next DMV should have the reason why he was suspended, and there should be some type of appeal system, which is normal in any Gov. system find out by calling them.

If you feel you have been wronged you should fight for it do not waste anytime then they will ask why you waited so long to handle it and may even think you are hiding something. get to it :)

Oct 29, 2012
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You must get a lawyer
by: Anonymous

Good luck!

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