new driver with dwi

sortaisle

Livin the cardboard dream
Man, I'm assuming this thread is going to make it's way to page 2 by tomorrow. It finally died (and I missed it damnit!) I had a great time reading into BBAG'S sense of right and wrong. I couldn't have disagreed with him more. His case unfortunately holds weight in a court of law though, however it would be the most unpopular decision in history. Morally, not telling your boss is probably (in my mind anyway) a no win situation. I mean what do you say to him when you do lose your license in court? I didn't feel the need to tell you because I thought it wasn't pertinent at the time cause I was innocent until proven guilty. Never mind the fact that you think it's perfectly alright to drink and drive in the first place and place people in danger while doing it. Kind of an odd sense of priorities? Atatbl, you are ruthless on the guy. I'm not saying you're wrong in anyway, but maybe it could have been ended sooner maybe. IMHO.
 

UnconTROLLed

perfection
Man, I'm assuming this thread is going to make it's way to page 2 by tomorrow. It finally died (and I missed it damnit!) I had a great time reading into BBAG'S sense of right and wrong. I couldn't have disagreed with him more. His case unfortunately holds weight in a court of law though, however it would be the most unpopular decision in history. Morally, not telling your boss is probably (in my mind anyway) a no win situation. I mean what do you say to him when you do lose your license in court? I didn't feel the need to tell you because I thought it wasn't pertinent at the time cause I was innocent until proven guilty. Never mind the fact that you think it's perfectly alright to drink and drive in the first place and place people in danger while doing it. Kind of an odd sense of priorities? Atatbl, you are ruthless on the guy. I'm not saying you're wrong in anyway, but maybe it could have been ended sooner maybe. IMHO.


Correct. The state of California , and most states, issue you a TEMP DRIVERS LICENSE and you CAN have your day against the ALS provided you follow up within 10 days of the incident.

I certainly would not tell UPS anything about any charge unless my license is GONE and it would be illegal to drive the vehicle.

In this country we are innocent until proven guilty - and moreover, have privacy rights.

So it's funny, BBAG and I are technically correct in a court of law and yet all of the nonsense 10 year old name calling...

Anyway, have a good one, learned a few things tonight too about DUIS thats for sure!
 

soberups

Pees in the brown Koolaid
Actually - reading it, soberups is incorrect, and I was correct. Re-read what soberups posted, from the Agreement.

You are not obligated to advise UPS upon citation. You are obligated to inform UPS upon the date of suspension.

..

I can only speak for the law here in Oregon. Here, if you are cited for DUI your license is immediately confiscated by the police and suspended. You are then issued a seperate, temporary license that is only valid until you enter a plea. You are required to notify management prior to the start of your next shift that you have been cited for DUI. Failure to do so will result in termination of employment with UPS.
 

atatbl

Well-Known Member
Atatbl, you are ruthless on the guy. I'm not saying you're wrong in anyway, but maybe it could have been ended sooner maybe. IMHO.

You're right. I was being ruthless. I decided that I would pick a post of his that had a failing moral fiber to it (trust me it wasn't hard) and start him up. He is like a toy..... most specifically a wind up toy.... the exception is that once in a while he comes up with an "un-programmed" answer. I like to play with those.

All I can say is this (and I am not really meaning this towards you, sortaisle), if you don't want to read it, then don't read it. It's a public forum. The mods will edit out most of it in the next few hours. It's just fun to play sometimes. Anyone who gets offended at this bickering needs to take a hard look at where they are. Meaning, what room in their house they are in, what they are sitting on, and what they are looking at (a monitor) and then realize that the interwebs DO NOT = seriouz bidnezz.

On that note, I realize that people come here for "serious answers" (which is kind of disheartening for the entire human race). Given that, DBAG pouncing around like he knows anything could actually hurt someone that failed to realize forum posts are not necessarily applicable in life. That is why I choose to embarrass him from time to time. Granted, the mods delete most of my posts (without vulgarity) and he claims victory. Nonetheless, the lurkers (of which there are many) see what is happening before the edits.
 

atatbl

Well-Known Member
I can only speak for the law here in Oregon. Here, if you are cited for DUI your license is immediately confiscated by the police and suspended. You are then issued a seperate, temporary license that is only valid until you enter a plea. You are required to notify management prior to the start of your next shift that you have been cited for DUI. Failure to do so will result in termination of employment with UPS.

That is not just Oregon. I admire your effort to try and lead the horses to water AND force them to drink. I cannot believe the lack of self-education from the posters that insist they are correct on things they do not understand (much less know how to interpret).
 
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soberups

Pees in the brown Koolaid
....leave shall be granted for such time as the employee�s operating
privilege or license had been suspended or revoked but not for a period
longer than one (1) year, provided the driver whose operating privilege or
license has been suspended or revoked notifies the employee�s immediate
supervisor before the employee�s next report to work of such suspension or
revocation. .

IF you are cited for DUI....

You MUST notify management immediately

OTHERWISE.....

Once you are convicted and your license is suspended or revoked, UPS will be allowed to fire you.

The "leave" that you are allowed to take for the duration of your license suspension....

Will ONLY be granted if you notify management prior to the start of your next shift.

If you DONT notify management.....

The only hope you have is to beat the conviction and be found not guilty. Otherwise, once you lose your license, you lose your job.

Its right there in the contract.
 

soberups

Pees in the brown Koolaid
I would enjoy someone showing me facts that this is law in every state and in ALL 100 % CASES. Then I can firmly say that without being able to drive legally, you should definitly inform UPS or whatever company you are operating a vehicle of the situation.

How about that? Show me facts. :)

The typical financial impact of a DUI is between $5k and $10k, including fines, court costs, rehab fees, increased insurance rates etc.

The long term financial impact of losing a driving job with UPS could easily exceed a million dollars, including lost wages, pension and medical coverage, depending of course upon how close the employee is to retirement eligibility.

Is it possible that an employee could get a DUI, not inform management, and still get his job back on a technicality? Depending upon the laws of the state that the DUI occured in....Perhaps.

Is it worth the gamble? I think not.

Follow the labor agreement, notify management, and take care of biz.
 

atatbl

Well-Known Member
I would enjoy someone showing me facts that this is law in every state and in ALL 100 % CASES. Then I can firmly say that without being able to drive legally, you should definitly inform UPS or whatever company you are operating a vehicle of the situation.

How about that? Show me facts. :)

Here's a better idea: don't drink and drive.

And another one. If you were a driver (you are probably not) then drink and drive and follow DBAG's advice. That way, someone deserving of that position will get to fill it in after you.

P.S. Try and make sure you only kill yourself when you wreck while drinking and driving. Also, try not to bleed too much or severe limbs, that way the tax payers will pay less to remove your worthless being from the car.
 

ih8tbrn

Banned
Here's a better idea: don't drink and drive.

And another one. If you were a driver (you are probably not) then drink and drive and follow DBAG's advice. That way, someone deserving of that position will get to fill it in after you.

P.S. Try and make sure you only kill yourself when you wreck while drinking and driving. Also, try not to bleed too much or severe limbs, that way the tax payers will pay less to remove your worthless being from the car.

Wow......That was pretty bad, even by your standards.

In my state you do not lose your license when you get arrested for DUI. You retain your license until you are convicted in court. A lot of first offense DUI arrests get reduced to reckless driving, (depends on BAC), so it may not always 100% of the time be prudent to tell management the day after you are arrested for DUI.
 

atatbl

Well-Known Member
Wow......That was pretty bad, even by your standards.

In my state you do not lose your license when you get arrested for DUI. You retain your license until you are convicted in court. A lot of first offense DUI arrests get reduced to reckless driving, (depends on BAC), so it may not always 100% of the time be prudent to tell management the day after you are arrested for DUI.

First off, who the hell are you? I didn't realize someone had hired a "standard measurement expert of others" for this board, much less me.

Second, if a drunk driver crashes I whole-heartedly prefer that it only involves them. You do realize that the current agressive legal stance pertaining to drunk driving is derived from the losses of innocent victims, don't you?

I see we have another barracks lawyer here. Show me where you "don't lose your license" or you "retain" it in your state. Use an unofficial DMV site, I don't care. You managed to skip over a resounding and credible fact that has been brought up several times in this thread. That is that a permit to retrieve your vehicle or a temp revoked license is not a viable license for a commercial driver. Whatever state you pick could have several different phrases as to the state of your license, but valid without ammendments will not be one of them. If it was, you could drive away. In fact, show me a state where your license is not physically taken away and clipped when you get a DUI. You can't.

I AM NOT saying that a majority of 1st offense DUI's do not get bargained down. They do, that is a fact. But that has never been a point of discussion here. Besides that, sortaisle brought up a point that no one here wants to entertain. If you think it is OK to drink and drive (which is implied by doing so) you have no business driving for a profession.
 

PassYouBy

Unknown Acrobat
SPSSR%7EBang-Head-Here-Posters.jpg
 
Atatble, no one on this thread ever said nor implied it was OK to drink and drive. Not even BBAG.
I do know(not from personal experience) that in Texas you surrender your DL and get a temp driving permit till your court date. However UPS does not (anymore) allow you drive for them with a temp.
Further more, you could have saved alot of typing (and reading) time if you had just addressed the posts and left out all the personal attacks. Same for BBAG. I'm not interested in your's and BBAG's personal ongoing battle (easily a third of the thread) but I was interested in the different opinions of other posters from different parts of the country. Dilligaf's post of how Az law applies to DUIs was interesting. Both you and BBAG could have come up with facts other than just what you each "think" to be true and proved interesting points.
 

dannyboy

From the promised LAND
lemme give you some first hand knowledge on how ups looks at the situation.

1, you get pulled over and do a bac of .09. they take your license and issue you a temp.

my dear friends, that is a serious issue with your license. you no longer have a drivers license, you have a restricted driving permit. your license has been revoked. and that is what they have the right to know. trying to hide behind the convicted/not had my day in court game will get you the fast track out of work.

I happen to be on the computer 24 hours a day - I work on the computer & am lucky enough to have BC up in a separate window.

boy, no wonder you cant figure out if you are a full time driver or part time. and have 6 kids to feed and no money coming in.

and i guess that sitting in front of the computer gives you all the real world knowledge you are blessing each of us with?

You cannot beat a BAC. You can only find fault in the process.

so you are telling me that you would not notify your sup that 1, you had a bac of .09 and you are now on a temp permit, 2 you expect your rights under the contract to be preserved when you intentionally refused to notify management of your loss of a regular license?

kid, you are the type of poster that gives discussions like this a bad name.

the driver did the right thing. he will keep his job at ups as long as he keeps his nose clean. you on the other hand will get him fired for dishonesty when you try and argue the "finer points" of legally convicted.

in 2004 had drivers play it both ways, only one is still with ups. can you figure out which?

d
 

barnyard

KTM rider
According to the contract (there is a whole section devoted to dwi/dui), if a person is arrested for dwi/dui, the employee (driving position) has 24 hours to notify the company.

We had a guy get a dwi, call in sick the next day, later in the day, called and admitted dwi. Tried to fire him. Did not stick because he called within 24 hours.

My preference, is that folks that get dui/dwi do not call in. Someone that stupid should not be working at UPS.

So, dumb bag, get a dwi, then do not call in. Please.

TB
 
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