State police investigation leads to federal ban on trucker

2013-02-28T19:45:00Z 2013-03-01T07:44:03Z State police investigation leads to federal ban on truckerTimes Staff
February 28, 2013 7:45 pm  • 

A California semi driver with a history of impaired driving violations has been banned from commercial driving by the U.S. Department of Transportation following an investigation by Indiana State Police in Lowell.

Nebyou Brook, a driver for Purpose Driven Services LLC of Apple Valley, Minn., was ordered by the U.S. Department of Transportation's Federal Motor Carrier Administration to cease operations as a commercial driver on Tuesday.

According to the out-of-service order, Brook was declared an imminent hazard.

"This out-of-service order is one of the first of its kind, and this investigation received the attention of FMCSA Administrator Anne S. Ferro as well as the U.S. Secretary of Transportation Ray LaHood," Sgt. Ann Wojas, spokeswoman for the Indiana State Police Lowell district, said in a statement issued Thursday.

The move came after an off-duty Gary police officer observed Brook on Feb. 5 drive off the roadway, across a parking lot and over concrete parking blocks near East 45th Avenue and East Delaware Street. Indiana State Police Commercial Vehicle Enforcement Division officers responded along with on-duty Gary officers.

Gary police determined Brook had a blood alcohol content of 0.18, more than twice the legal limit for driving. State police found multiple log book violations, an insecure load and an open, partially consumed bottle of beer that was still cold behind the passenger seat.

Officers also said Brook had a white substance around his lips. Five prescription bottles with Brook's name on them were located behind the windshield visor.

Brook was unable to tell police where he was going to or coming from and could not locate his logbook or the keys to the semi.

State police discovered Brook was the subject of three investigations in the last year, including drinking prior to driving and improper driving logs in March 2012 in Westerville, Ohio.

In September 2012, Brook was cited in St. Louis for possessing a controlled substance while on duty after inspectors discovered marijuana and an open alcoholic beverage in his cab.

In October 2012, Wisconsin State Patrol officers cited him for incomplete and untimely records of duty.

Indiana State Police notified the Federal Motor Carrier Administration of the arrest in Gary and he was placed out of order and declared an imminent hazard.

"This is an example of the Indiana State Police and local agencies going beyond a typical investigation to remove unsafe drivers from the road," Wojas said.

Brook may request a return to commercial driving if he completes a series of provisions outlined in the order, including drug and alcohol testing programs, education and treatment programs.

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