Twin Cities Carry Forum Archive :: View topic - Defensive driving instructor passing falacy?

johngagemn wrote:

princewally wrote:

Seems to me, that's something a driving instructor should be able to keep straight.

And, the .04 (class B? A?) limit only applies when driving vehicles of that class.

Nope, it applies all of the time, and I'm fairly certain it is for any CDL. Ask any professional driver in MN. That's why I'm glad all of the commercial vehicles I drive are rated at 26,000 lbs GVWR and less, I don't have to have a CDL.

Quote:

Subdivision 1.Driving while impaired crime.

It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state or on any boundary water of this state:

(1) when the person is under the influence of alcohol;

(2) when the person is under the influence of a controlled substance;

(3) when the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person's ability to drive or operate the motor vehicle;

(4) when the person is under the influence of a combination of any two or more of the elements named in clauses (1), (2), and (3);

(5) when the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more;

(6) when the vehicle is a commercial motor vehicle and the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or

(7) when the person's body contains any amount of a controlled substance listed in schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

Author:	ttreml3 [ Wed Mar 11, 2009 7:38 pm ]
Post subject:	Defensive driving instructor passing falacy?
My mother in law had to take a defensive driving class for reduced insurance rates. The instructor, while emphasizing how horrible drinking and driving is, insisted that a person with a permit to carry cannot be over 0.04 BAC regardless of the presence of a pistol. I called B.S. on that reasoning the carry permit is directly applicable only when there is a handgun in your direct control, like in a holster on your hip. Once my gun is properly stored in the lock box and I'm 0.05 or 0.07 BAC my permit status doesn't matter. I'm not carrying under the influence. Who is right, me or that instructor?

Author:	joelr [ Wed Mar 11, 2009 7:46 pm ]
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You.

Author:	PocketProtector642 [ Wed Mar 11, 2009 8:10 pm ]
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joelr wrote: You. Joel, your brevity made me laugh!

Author:	bensdad [ Wed Mar 11, 2009 9:44 pm ]
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joelr wrote: You. Economy of words.

Author:	mnlitig8r [ Wed Mar 11, 2009 9:52 pm ]
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PocketProtector642 wrote: joelr wrote: You. Joel, your brevity made me laugh! I'd have answered it, "U." That's even more brief.

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Author:	Saunassa [ Wed Mar 11, 2009 10:44 pm ]
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as Col. Sherman T. Potter would say 'that instructor is full of horse puckey"

Author:	tullibee [ Wed Mar 11, 2009 10:58 pm ]
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instructor might be thinking about commercial driver license folks - I think they have .04 all the time, even when in private vehicle (but I could be wrong too)...

Author:	princewally [ Thu Mar 12, 2009 7:30 am ]
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tullibee wrote: instructor might be thinking about commercial driver license folks - I think they have .04 all the time, even when in private vehicle (but I could be wrong too)... Seems to me, that's something a driving instructor should be able to keep straight. And, the .04 (class B? A?) limit only applies when driving vehicles of that class.

Author:	johngagemn [ Thu Mar 12, 2009 6:44 pm ]
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princewally wrote: Seems to me, that's something a driving instructor should be able to keep straight. And, the .04 (class B? A?) limit only applies when driving vehicles of that class. Nope, it applies all of the time, and I'm fairly certain it is for any CDL. Ask any professional driver in MN. That's why I'm glad all of the commercial vehicles I drive are rated at 26,000 lbs GVWR and less, I don't have to have a CDL. As for whether or not a driving instructor should be able to keep that straight, a defensive driving instructor probably isn't familiar with the ins and outs of CDLs, just as the driving instructor at the local high school probably isn't. Now, if he was an instructor at a truck driving school, it would be worrysome. Bottom line, the guy who is referred to in the OP was an ID-10-T who was talking out of his rear end or repeating drivel he'd heard from someone else.

Author:	princewally [ Thu Mar 12, 2009 8:31 pm ]
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johngagemn wrote: princewally wrote: Seems to me, that's something a driving instructor should be able to keep straight. And, the .04 (class B? A?) limit only applies when driving vehicles of that class. Nope, it applies all of the time, and I'm fairly certain it is for any CDL. Ask any professional driver in MN. That's why I'm glad all of the commercial vehicles I drive are rated at 26,000 lbs GVWR and less, I don't have to have a CDL. Nope, sorry. 169A.20 Quote: Subdivision 1.Driving while impaired crime. It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state or on any boundary water of this state: (1) when the person is under the influence of alcohol; (2) when the person is under the influence of a controlled substance; (3) when the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person's ability to drive or operate the motor vehicle; (4) when the person is under the influence of a combination of any two or more of the elements named in clauses (1), (2), and (3); (5) when the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more; (6) when the vehicle is a commercial motor vehicle and the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or (7) when the person's body contains any amount of a controlled substance listed in schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

Author:	Hunter07 [ Thu Mar 12, 2009 9:07 pm ]
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Thanks Princewally! As a Class A CDL holderand currently a driver, I tried finding that earlier today, but due to my laptop connection and having to deliver my load on time, well, it just didn't work for me.

Author:	johngagemn [ Thu Mar 12, 2009 9:35 pm ]
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I stand corrected, apparently I had been misinformed. My apologies.

Author:	Hunter07 [ Thu Mar 12, 2009 10:04 pm ]
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No need to apologize. We're all here to share our experiences, knowledge and learn something occasionally (in my case, more often than not).

Author:	Greg [ Thu Mar 12, 2009 10:19 pm ]
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The FAA say .04% for flying, plus 8 hours bottle to throttle. My company says .02%! So if I'd get caught with .03% I'd still have a license but no job.

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Author:	Hunter07 [ Fri Mar 13, 2009 7:04 am ]
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The FMCSA says 4 hours minimum.