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MAKE A LIVING<br />
AND ENJOY THE<br />
LIVING PART<br />
Penske is hiring safe, professional truck drivers to<br />
haul freight for some of the world’s leading brands.<br />
• Return home daily<br />
• Choose from a variety of shifts and customers<br />
• Receive outstanding benefits<br />
• Join an internationally renowned team<br />
855-235-7367<br />
gopenske.com/drivers<br />
Apply using job number 1003259<br />
Penske is an Equal<br />
Opportunity Employer.<br />
OTR DRIVERS NEEDED IN CENTRAL MISSOURI<br />
16 • May 15-31, 2019 Perspective<br />
THETRUCKER.COM<br />
Watch out. Person conducting drug<br />
recognition evaluation on drivers may<br />
not have training needed to do so<br />
Brad Klepper<br />
exclusive to the trucker<br />
Ask the<br />
Attorney<br />
Let’s be totally upfront about this. I am<br />
vehemently opposed to anyone operating<br />
any type of vehicle under the influence of<br />
drugs or alcohol. I really can’t express how<br />
strongly I feel about this. Having a license<br />
is a privilege — not a right.<br />
I am also a big believer in the Constitution<br />
and due process. The 14 th Amendment<br />
to the U.S. Constitution says, in essence, that<br />
the States shall not deprive a person of life,<br />
liberty or property without due process of<br />
law. This means that the government must<br />
follow fair procedures before depriving a<br />
person of life, liberty or property. In other<br />
words, everyone gets an opportunity to be<br />
heard and a decision made by a neutral party.<br />
All this brings me to the reason I am<br />
writing this article. On April 20th of this<br />
year (coincidence with the “4/20 holiday”?),<br />
several states began conducting drug recognition<br />
evaluations at various locations. In<br />
short, drivers were taken out of their vehicles<br />
and a Drug Recognition Evaluation<br />
(DRE) was conducted. Numerous drivers<br />
were cited under 392.4(a) and were placed<br />
out of service based solely on the opinion<br />
of the person conducting the DRE and in<br />
spite of evidence to the contrary.<br />
Not surprisingly, I received a call from a<br />
carrier the following day. One of their drivers<br />
had been placed out of service following<br />
a DRE. Here is where it gets interesting.<br />
The driver had pulled into a weigh station<br />
when he was motioned to enter the<br />
scale house. The driver exited the vehicle<br />
with his paperwork and license. Upon entering<br />
the scale house a female officer took<br />
the driver to administer a series of tests, including<br />
field sobriety tests and tests of his<br />
vital signs. In the course of this, the officer<br />
took him to a darkened bathroom to perform<br />
pupil response tests. The officer used<br />
a sphygmomanometer to test his blood pressure,<br />
and had him roll up his shirt sleeves<br />
and pant legs to inspect his arms and legs<br />
for sign of drug injections. No injections<br />
were found.<br />
The driver did not like to be touched,<br />
and the invasive personal nature of the testing<br />
made him uncomfortable, so he requested<br />
a breath or blood test instead. The officer<br />
performed a breathalyzer, which read 0.0,<br />
or negative. The officer took a urine sample,<br />
and tested it at the scene. It also came<br />
back negative.<br />
A K-9 unit was led around the truck and<br />
did not alert. The officer kept asking the<br />
driver if he was on drugs (which the driver<br />
denied) and performing various tests. The<br />
entire process took between 1-3 hours and<br />
despite the negative breathalyzer, urine<br />
test, lack of drug injection sites and failure<br />
of a K-9 unit to alert to his truck, the driver<br />
was placed out of service for 24 hours for<br />
an alleged violation 392.4(a). The out of<br />
service was solely based on the opinion of<br />
the officer conducting the drug recognition<br />
evaluation.<br />
When the carrier learned of the alleged<br />
392.4(a) violation they reached out to enforcement<br />
seeking some explanation as<br />
all the tests had come back negative for<br />
the presence of drugs. The carrier was<br />
informed by enforcement that they were<br />
sending off a second urine sample for testing<br />
but regardless of the results of that test<br />
they were standing by the opinion of the<br />
officer conducting the DRE that the driver<br />
was impaired by drugs/alcohol and would<br />
not be removing the alleged violation.<br />
See Klepper on p17 m<br />
DRIVE YOUR CAREER IN THE RIGHT DIRECTION.<br />
(573) 632-3371 | jobs@PFSbrands.com | PFSbrands.com<br />
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