Full-Time Bid/Seasonal Driving

Discussion in 'UPS Discussions' started by ILUpser89, Aug 18, 2013.

  1. ILUpser89

    ILUpser89 New Member

    Ok, here's the deal. A couple of months ago I was charged with a dui. (I know, I am an idiot and made a mistake and can't change it now) Anyway, I did not get a suspended license and I received court supervision for a period of 1 year. Keep in mind court supervision is not a conviction. So I am currently a preloader, air and seasonal driver. I was just denied a full-time bid because my criminal record showed that I am on supervision. Also, they said I cannot seasonal drive anymore but I am still eligible to drive air. My driving record is clear and I have not been convicted of anything. So I guess my question is, is there anything I can do about this? Have you heard of any situations like this? Or do I just have to wait a year until my supervision is over? Thanks for any insight on this issue.

    Again, I understand what I did was stupid and I am an idiot for it. If I could take it back I would but I cannot and just have to move forward from this point. So if you could please save the negative comments, trust me I have gotten plenty of them since the incident. Thanks.
     
  2. Monkey Butt

    Monkey Butt You can call me Chappy Staff Member

    File a grieve.
     
  3. sortaisle

    sortaisle Livin the cardboard dream

    See if you can get it deferred. You can defer a ticket once every ten years in my state. Check to see if you can in yours. But, I think you may get the ol' kielbasa sausage for the year...good luck!
     
  4. Buck Fifty

    Buck Fifty New Member


    Hoax is right. File a grievance on the full time position you were turned down for. Just make sure you put exact date and add ONGOING after it.
     
  5. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    Your record isn't clear until you have completed your year of court supervision. If u get no tickets or anything then your record will be cleared. However if u get a ticket that DUI will go on your record.
     
  6. PT Car Washer

    PT Car Washer Well-Known Member

    You may want to be thankful it didn't turn out any worse for you.
     
  7. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    It sounds like you have a valid case since you were not convicted of anything and are already driving air.

    But it may come down to your overall record and not just that incident. Do you have anything on your driving record for tickets or other infractions? Back when I was PT, more than two tickets/infractions and you were DQ'd from even making FT driving list.
     
    Last edited: Aug 18, 2013
  8. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    They were convicted though. That's why there is court supervision. If the charges were dropped that would be it. Once the OP completes their year of court supervision then the charges will be removed. Until then its on their record.
     
  9. PT Car Washer

    PT Car Washer Well-Known Member

    This is would be my understanding of the situation also. You can still file over it.
     
  10. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    Ah I see, I was thinking "continued without finding".
     
  11. Buck Fifty

    Buck Fifty New Member


    ​Yes he should, especially since they are continuing to let him drive air.
     
  12. Bagels

    Bagels Family Leave Fridays!!!

    You're getting some really bad advice.

    Google to the rescue:
    There is an exception to the expungement law in Illinois regarding a DUI. If you were arrested for DUI, you either pleaded guilty or were found guilty and you received supervision ... you cannot expunge or seal the DUI ... Basically, you are stuck with a DUI on your record unless it was reduced to a different charge (reckless driving), you were found not guilty or the case was dismissed. Essentially, a finding of guilt on a DUI, no matter what the sentence, is viewed as a [de facto] conviction. Basically, your only option to have your DUI removed from your record is a Governor’s pardon.

    In other words, you either plead guilty or were found guilty of the DUI, and although if you successfully complete court supervision it won't show as a conviction, it will remain on your record indefinitely and UPS may hold you accountable. Thus, you'll have to wait three years until you are eligible to resume seasonal driving or sign a FT bid.
     
  13. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    I'm not saying he shouldn't file but here's the thing. How long has he been driving air? Say the OP has been driving air for 2 years but got a speeding ticket a year ago. This would not disqualify them from being able to drive air but would mean they couldn't become a full time driver because they don't have 3 years clean driving record.
     
  14. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    Thanks for doing the research bagels. My first thought was in what state can u get a DUI completely off your record simply by getting court supervision. Made no sense to me.
     
  15. ILUpser89

    ILUpser89 New Member

    Thank you all for the information, I am going to file on Monday although I don't expect the outcome to be a good one. Also I was under the impression that once I complete the supervision period, that my case would be dismissed, in terms of an employer background check. It will always be on record for the courts and police departments to see. I could be wrong on that though. Looks like I will be looking for another p/t job for a year until I am eligible again. Thanks again.
     
  16. Bagels

    Bagels Family Leave Fridays!!!

    As an addendum to my posting, it appears while he's on supervision, the fact WILL be reported to employers, insurers, etc. After that, it will be removed from his driving record but kept in other publicly accessible files. Since he's been found (or plead) guilty, it's perfectly legal for UPS and insurers to hold the DUI against him indefinitely, and spread/share the fact. UPS, insurers and other interested parties may also purchase the alternative public files / databases where this information may have been shared to. (Yes, confusing!)

    More-or-less sounds like a compromise between those who wanted to carry on IL's tradition of court supervision & those who wanted DUI to be excluded from it.
     
  17. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    So you know, long ago I've had an OUI, license suspended, 16 weeks of classes and AA. None of it was ever through conviction of a crime...and was continued without finding.
     
  18. ILUpser89

    ILUpser89 New Member

    Thank you all for the input/advice. I am going to file tomorrow, I don't expect the outcome to be in my favor though. Looks like I will be finding another p/t job while I wait for this supervision to end. Thanks again.
     
  19. cachsux

    cachsux Wah

    The grievance I see is how can they deny you FT and seasonal but yet you're ok for Air driving? Either your problems make you ineligible to drive a company vehicle or they don't. They shouldn't pick and choose.
     
  20. Bagels

    Bagels Family Leave Fridays!!!

    I didn't see this posting earlier: from what I read, the (reporting) situation is slightly ambiguous but the good news is that your case is cut & dry - the bad news is but not in your favor.

    Until your court supervision is up -- in a year, since this just happened unfortunately -- the SOS will report the DUI on your driving record with the court supervision noted in the remarks. This means that UPS now knows that you plead guilty to a DUI (even though you weren't legally convicted) and courts have ruled that they can legally hold you responsible for it. What becomes ambiguous is that a year from now it'll be purged from your driving record, but still available in alternate public records (as DUI are not expunged). Which records UPS purchases access to would be the unknown, but it's not relevant since they ran your record, it showed up (because it's still under supervision), they know about it and can hold you responsible for it. I wouldn't bother filing a grievance. If you need reassurance, talk to your business agent instead - I doubt you're the first person to run into this.

    About ten years ago, on the night he turned 21, a friend of mine got an OWI in Iowa (DUI equivalent). At the time, if a first-time offender paid a fine & signed-up for classes, the offense was completely expunged from his record. So much that when he got his second DUI a year later in a neighboring state, he was once again treated as a first-time offender. I believe the laws in IA have since been strengthened.