AT Approximately 6:30 pacific mountain time in the state of Oregon, the county of Marion, the city of Woodburn. While Traveling south bound on interstate highway 5.
Upon approaching the Woodburn scales the on board electronic pre-pass device went red. The device is for pre-clearance at scales so drivers may by-pass scales and travel to their destination. This is a paid service.
The personal in the scale house have an electronic control device to override the paid pre-paid device yet you still pay for the service of the pre-pass electronic device.
The scales also have a preclearance scale with a drive-by lane called a by-pass lane which allows you to return to the high way if your vehicle is not over weight, or the scale is too full with other trucks being weighed or inspected or on when there is no one monitoring the scale from in the building window that the inspector visually looks out from as the trucks cross the scale.
Since the prepaid I-Pass electronic device had shown a red Light in my truck, I must enter the scale station. There are two arrow indicators on a pole overhead indicating whether to use the west side or the east side scale. Both arrows were green so I must cross one of two scales located one on the west side or one on the east side of the scale station. The arrows were both green.
There was a truck just entering on the west side scale lane so I took the east lane scale.
The sign at that time had a green light with an electronic sign reading; proceed forward at three mile per hour. I Approached the east scale at idle speed of 1 to 3 mph. I started to cross the scale and the viewing window was unattended at that time so I continued driving my vehicle across the unattended scale.
When the viewing window was too my right side passenger window I continued moving in control of my vehicle forward when from my peripheral vision there was movement.
This movement was a person approaching the passenger side of my vehicle running and jumping into a chair with wheels in a quick reckless wiled panicking manner.
I stopped and realized then it had been a women running from inside the building towards the viewing glass of the scale house.
I stopped my truck. The women motioned with her hands what appeared to tell me to back up.
So turning my attentions to my mirrors viewing no one behind my vehicle I put the vehicle in reverse. I started to back up then the lady motion signaling to go forward.
I glanced at the electronic sign and it said pull forward at three miles per hour again after flashing while she used her hand signals.
So once again I continued forward with control of my vehicle. After being distracted by the person in the viewing window.
Then the person in the viewing booth used an electronic device tell me to go to the inspection bay parking area.
The scale house attendant had a call from the inspection bay area instructing her to send the next available truck back which I learned later from conversation with women in inspection bay area.
So in the middle of controlling my vehicle the attendant in the scale house changed the sign.
Whos driving my truck? Electronic devices? Two women having phone conversations? Emails messages.
I drove around the scale to the parking area and parked. The bay inspection doors were closed. I got my permit book and log book steeped out of the truck and walked to the end of the trailer around the back of the trailer to the passenger side where there were two men standing I assumed they were the inspectors. I asked where you check in at. But before I had a response the bay door opened and out walked a women person with a blue jump suit on.
She angry slurred speech of some sort towards my way, so I turned my attention to this person and approached slowly in that direction to meet this person and see and listen for instructions. The person was short skinny pale in skin color. I stopped and the person kept moving right into my face with an angry look upon her face and asked Two Question one after another with an angry voice.
#1. WHY DO I HAVE TO COME OUT HERE AND GET YOU?
# 2. WHY ARE YOU PARKED?
I said because the sign in front said proceed to the bay parking
I was interrupted from finishing the answer.
Again in an angry voice the person said while pointing towards the sky with a finger SEE THAT SIGN UP THERE IT SAYS INSPECTION BAY AREA THATS WHERE YOU ARE SUPPOSE TO REPORT!
I Said Im not here to argue with anyone I have approximately 50 miles left to travel where Ill be parked off duty for the rest of the evening, take a shower, eat dinner .
This person turned and stomped off.
I returned to my truck started my truck and backed up out of the parking area and proceeded forward towards the now opened bay door.
The person was standing at the opposite end of the entrance immediately making motions for me to slow down below idle.
This women motioned for me to slow down repeatedly; this caused the engine to lug almost forcing a stall. All this time Im at idle speed; I then stopped because the vehicle could go no slower at idle in granny gear.
She then waved my forward at idle and put her hands in front of her with a pushing motion palms down indicating me to slow down again I had no choice but to stop, the vehicle does not drive below zero.
I was cooperating and controlling my vehicle by her erratic hand commands.
Ever inspection I have been through the first thing anyone has asked for is the permit book which contains all necessary insurance, license, and registration information. The permit book I carry for my company truck is in a hard cover three spiral binder. The permit page with the license is in the front of the book first turned page. The trailer information registration is in the back three pages. Easy to read and understand. And they communicate with you on what level of inspection is to be performed. Then they check the lights
I entered the bay and stopped where ordered to.
The inspector approached the drivers door and spoke up at me through the opened window.
I need your log book she said.
I placed it on my steering wheel and opened the log book and was making sure the log sheets were in order for easy orderly reading. She became angry and yanked open the driver door and stepped up six inches to my face I attempted to keep from losing the ruler calculator and pen upon the floor. I had the log book on the steering wheel.
I nervously but calmly removed the filled in log sheets with my fuel stop receipts attached to the log sheets, trip sheet and a fax, and handed them to her.
She then made a rude comment towards me saying: Oh! So youre going to be obnoxious.
I sat there for approx. ten minutes while the inspector was busy with her lap top.
Then she made a comment about the prior day before in regards to a fax that had been sent.
The inspector asked a question to me about when the fax was sent, so I had to exit the truck and point to the log sheet where I had fueled and received the fax.
The inspector accused me of falsifying my log because the fax was sent from central time office and the fax machine did not have the internal clock changed to spring ahead by one hour. I pointed out to her that the stapled fuel receipt shows the time I filled up in burns, Cheyenne WY. The inspector said theres
no way I could have filled up there because of the fax. The inspector refused to do a fuel receipt search. So the inspector accused me of falsifying one log book page.
The inspector was pointing at the log sheet and had me view the log sheet while standing next to a cabinet next to her desk and lap top. I pointed to the log sheet and told her I made Mistake marking my log book time because of central time was not corrected on my dash clock and I had been using my cell phone to mark time, and that I have a receipt showing the time I filled up and the time I arrived to park that night on the 14th of march. She accused me of condensing my log book.
I was called out of the truck to assist the inspector.
She then showed me new CSA (Comprehensive Safety Association) rules pamphlet three page article showing the CSA condensed hours of service a driver must complete to make almost the same income as when the driving rules were not condensed. The inspector handed me the pamphlet to read. I read the article and had a question that I asked her. After A brief moment there was no response.
He walked over and said you sure talk a lot. I guess Im just a sociable person. I stated well I dont hang out in the truck stops; I just eat work and sleep.
He asked what I was hauling.
I said carousels. He asked what they are. So I explained what they were and where they were used. He turned and walked away.
So I returned to the seat of my truck and waited for further instructions, wondering when the truck inspection was going to start, so I could be on my free way to finish the drive to Springfield Oregon just fifty miles south, to be off duty, shower, and dinner, and relax after eight hours of work. this would have giving me plenty of time out of the truck that I was looking forward, I did have A PTP (pre-trip plan) for this freight haul I was on.
So while the inspector returned to the lap top, I needed to eat. I had been there for almost an hour. I should have been in Springfield by this time. The inspection was taking much longer than usual. I was not in any hurry so I reached into the fridge and made a ham turkey Swiss cheese sweet pickle mayonnaises on whole wheat bread. Made the sandwich ate the sandwich and drank a bottle of juice.
The inspector stood with her back to me while I sat in the truck and with a muffled voice said; I need your base plates! The base plate information is in the permit book which she never asked for in the first place.
So again I got out of the truck and handed the permit book with the book opened and pointed to the plate number in the middle of the page on top.
All she had to do is turn around and look at the plate on the front of the truck.
But I cooperated to her order.
I returned to the truck seat.
A few minutes later she said she could not find the trailer registration in the permit book.
I said its in the pack two pages.
She could not find it.
So I stepped out again of the truck and turned to the second to last page and pointed it out to her.
It was in quarter inch letters bold black type print.
I returned back to the truck seat.
Then inspector from the next bay yells over and said now you let her do her job and leave her alone.
What was that remark for! I felt I was being scrutinized by another inspector whom is with another truck in the next bay. I had no hidden motives, I was ready to finish my day and this was interfering with my freedom, my career , my PTP( pre-trip-plan). I was only being helpful and cooperating as instructed.
I noticed the inspector was staring at her lap top as if in a daze and I could see her move as if dizzy while staring at the lap top screen. It was like she was in slow motion, stuck not being able to think or maneuver she seemed Like she was stalling for something. She looked up and the other inspector looked at her and then they walked to the front of the bay without saying a word, they just all of a sudden had a secret meeting, with whispers.
I sat there patiently waiting, sitting there with dirty sweaty cloths needing a shower and time out of the truck.
I rolled up the window of my truck and called my employer, I told him that I have been here way longer than usual. I explained about the fax mistake and that the machine has the wrong time on the clock. And that the inspector says I was driving when I received the fax. I told him the inspectors were acting strange towards me. And just say no sir yes sir and everything will be fine.
A few minutes later there was a knock on the truck door. The highway patrol officer asked if he could talk to me.
I said sure.
He asked if I would step out of the truck so he could talk to me. He did not order me to.
I complied with his request.
He then said lets go to the back of the trailer where it was quiet.
Now the inspector did not make any eye contact or comment about any of this, she stared at her lap top.
So I walked back to the rear of the trailer with the officer.
I never had contact with this individual prior to the knock on the door of my truck which I was sitting in for an hour or so, and parked inside the inspection bay.
The officers first question was; have you been drinking?
I stated with information, I do not drink; I do not do any drugs.
He then asked if I would step over here to a spot five feet from where we had both stopped to just talk at the rear of the trailer.
What was different then the spot five feet where we were, I was comfortable and free and safe standing where we were.
The officer asked if I could do something for him.
I then realized that he was going to administer a field sobriety test for intoxication. What led him to this?
I was not under arrest, nor being detained.
I then with freedom of speech freedom of movement spoke these words.
I have a feeling you are going to administer a field sobriety test. I do not drink, I do not do use drugs,
I do not associate with anyone who does; a field sobriety test will not hold up in court for dui as evidence. (I was not dui under alcohol or influence of drugs) I will gladly take a breath test and blood test immediately. Which I volunteered on site verbally with the full intent of cooperation.
He then raised his voice in anger turn around and put your hand behind your back youre under arrest for DUI. With the fear of being assaulted and physically harmed I had no choice but to cooperate.
I cooperated and was cuffed placed into the patrol car.
AT this point I felt my life and career are gone, for my career is my life, and my lifes choice I had chosen, with different set of freedoms and rules when I took this career.
7:15 PM Pacific time. Hour and a half has passed since being in the bay; the truck was never inspected for mechanical safety. Neither was I.
The officer at the time of arrest placed me in the patrol car, asked if the cuffs were too tight.
I said the cuff on my right wrist was cutting in. He loosened it a bit. He asked again hows that. I said they were cuffs.
The officer said I seemed to be a nice guy. He made the statement I dont know what is going on here but you dont seem like youve been drinking in my opinion.
Ill do whatever I can to help myself out of this.
The officer went back into the building and brought out some papers along with my cell phone.
The order in which the occurrences took place.
DATE TIME/PACIFIC Action Driver / truck LOCATION WOODBURN, ORAGON
3/15/2011 6:18PM Park truck seat/ inspection examination bay area.
3/15/2011 7:30PM Call Employer truck seat / inspection examination bay area.
3/15/2011 7:32PM Finish call employer truck seat / inspection examination bay area.
3/15/2011 7:30PM DUI/print out report truck seat/ inspection examination bay area.
3/15/2011 7:40PM ARREST/sunset Rear of trailer/ inspection examination bay area.
3/15/2011 7:43PM Truck driven/ No PTI/no insured driver/no consent/ bay area.
3/15/2011 8:30PM Wood burn scales/Oregon State Police Forced on/ off duty/ violation
DATE TIME/PACIFIC Action Driver LOCATION/ Results
3/15/2011 9:02PM Breath Test Salem OSP breath test machine.
3/15/2011 9:08PM Breath Test Salem OSP breath test machine
3/15/2011 Sobriety tests Performed/driver log off duty/forced on duty violation.
#1 hold left foot 6 inches off floor count. (Completed successfully)
#2 hold right foot 6 inches off floor count. (Completed successfully)
#3 walk imaginary line count nine steps and turn count nine back (no stumble)
#4 closes eyes start count open when close to 30 seconds (27 seconds reached)
#5 follow ink pen left right center right, hold left hold right up down. (Passed)
#5 lighted closed room/hgn test/no doctor present/performed by/non-medical doctor.
With room light on, white card with dilation measurements printed on card, hold card on left side face, scratch cheek with edge of card, and grind leather riot gloves to make distracting noise, to agitate and make suspect nervous. Repeat this process on right side face, and then return to left, then to right.
With room light off have suspect stair at red pen light seven feet away, repeat process as above rotating side to side of face cheek.
Then finalize with card pressed firmly against face cheek and grind leather gloves holding card on left and right shinning pen light from side to blind suspect. Have suspect stretch eye brows open and stretch jaw down at same time while blinding with light.
Then proceed to outside room and have suspect sit at table. Then ask suspect for medical history.
Then attempt to provoke suspects attitude by informing suspect he has failed all sobriety test while being in violation of forced on duty not driving.
3/15/2011 10:15 PM Pacific Mountain time four hours over off duty central time clock.
3/15/2011 10:24PM Call employer Salem Oregon Roadway motel
3/15/2011 11:02PM Call yellow cab Salem Oregon Roadway motel
3/15/2011 11:04PM Call employer Salem Oregon faxed papers.
3/15/2011 11:46PM Call yellow cab Salem Oregon pilot truck stop
3/16/2011 12:19AM Salem Oregon hospital
3/16/2011 2:56AM Call yellow cab Salem Oregon hospital
3/16/2011 3:30AM Salem Oregon Roadway motel
3/16/2011 8:43AM yellow cab Salem Oregon hospital
3/16/2011 10:18AM yellow cab Salem Oregon hospital
3/16/2011 11:00 yellow cab Woodburn Oregon scale house
3/16/2011 12:45PM 17 hours later CHANGED REPORT/ill or fatigued operation of a CMV .