“Obstruction of Justice” charges dismissed with help from SBTC

Trucker victory for Obstruction of Justice “Right to Sleep” court case

Trucker victory for Obstruction of Justice “Right to Sleep” court case

On Feb 9th 2015, a 1 year old ongoing battle ended up in a dismissal for OTR truck driver Kenny Capell.

Mr Capell had been arrested on April 15th, 2014 at a scale house in Ringgold, GA for refusing to provide ID while being awoken from his sleeper berth during his federally mandated Hours of Service 10 hour break.  Read Story

An internal affairs investigation was initiated after  a police misconduct complaint was filed by James Lamb of SBTC who wrote a request to the Department of Justice Civil Rights Division: ‘Request for ‘Pattern and Practices’ Investigation of Georgia Motor Carrier Compliance Division; Civil Application Pursuant to Title 42,U.S.C. Section 14141.

The Following press release was sent from North American Trucking Alerts member James Lamb, Chairman of the SBTC,  who was instrumental in the final dismissal of Kenny Capell’s Obstruction of Justice case!


Small Business in Transportation

Small Business in Transportation

For Immediate Release
February 27, 2015, Fort Lauderdale, FL
Contact: Kevin Rea, (954) 253-5049, Membership (at) small transportation.org

SBTC Helps Trucker-Member Successfully Fight Bogus Criminal “Obstruction of Justice” Charge!

All of us at the Small Business in Transportation Coalition (“SBTC”) are excited to announce that we have successfully helped stop an unjust prosecution of an interstate trucker and secured an order from a Catoosa County (Georgia) Superior Court Judge dismissing the case.

In the aftermath of the SBTC’s Federal Police Misconduct Complaint to the U.S. Department of Justice and our request for an Internal Affairs investigation, which was indeed conduced by the state, the Honorable Judge Ralph Van Pelt Jr. dismissed bogus “obstruction” charge (Docket 2014-SU-CR-330) on February 9th, 2015 against Trucker and SBTC-Member Kenneth Ahearn Capell.

“We are very excited to learn that the SBTC’s efforts to defend SBTC Member Kenny Capell were successful. Let be this be a clear message to the industry that the small players in transportation have a strong, new voice in fighting injustice and a sign to law enforcement that we will not tolerate unlawful and unprofessional “color of law” abuse whether it be in the form of waking truckers who are engaged in Federally-mandated sleep or bogus criminal charges. At the same time, we ask the fine professional men and women of the law enforcement community to work in partnership with our members and the industry-at-large on the common goal of preventing driver fatigue and ensuring public safety,” SBTC Chairman James Lamb, a former DOT Motor Carrier Investigator, said today.

To read James Lamb’s Article: “Protecting the Sanctity of Sleep,” click here:

To listen to Allen & Donna Smith’s 2/26/15 blog talk radio program on this matter, click here:

For more information about this case, members of the media may reach the CATOOSA COUNTY SUPERIOR COURT at (706) 935-4231.

Read Press Release here

AskTheTrucker “Live” with hosts Allen & Donna Smith, interview Kenny Capell and James Lamb sharing the victory and the year long ordeal of the case!

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Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"