My son(a Mass resident) got a 7 month suspension of his license for "refusal" in his private vehicle, in NJ. Now Mass DOT is suspending his cdl for a year. Is this legal. The laws covering DUI and refusal in NJ are vastly different. I understand reciprocity but can they change the sentence imposed by another state. He is working in Texas and wants to appeal it. Is it worth the trip back, does he have any legal standing. He is looking to have the cdl suspension match the non-cdl.
cross state suspension
Discussion in 'Trucker Legal Advice' started by ritchlt, Jun 10, 2015.
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One year CDL suspension for refusal is Federal law so he can appeal all he wants, it's not going to change anything. It's in 383.51 and all states must comply.
http://www.fmcsa.dot.gov/regulations/title49/section/383.51Last edited: Jun 10, 2015
otherhalftw and not4hire Thank this. -
From what I understand in N.J. refusal is an automatic license suspension.
I know this because one night 2 women in a Mercedes tried to drive under my lead trailer when I was going about 65,she drove under the trailer and my right rear wheels caught the back of her car and spit her back out.
They were both lucky,the passenger said they didn't see me.
I don't mean to judge anyone but a CDL holder should never ever be in that situation,unless of course he or she is very weathy.
I started driving in 80, bought a truck in 85 and quit the drinking in 86,my dog,kids and wife depend on my license.Last edited: Jun 10, 2015
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most state will not let him get a license,,Mc Donalds will hire him and he can ride the bus,,
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i wouldn't worry @ what the states do, i'd worry @ what potential new employers think or do when they ask him on the application "have you ever refused a drug or alcohol test, please explain."
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If your cdl is suspended in one state it is automatically suspended in ALL states, nothing he can do about it until the NJ suspension is lifted, been there done that over a supposed failure to appear in NY for a DOT violation (citation was dismissed but clerical error at the court said it was not), cost me several thousand ($5,500 to be exact) and about two weeks out of the truck to straighten it out! Plus, as said above, he is going to have a tough time getting a new job in this industry, the industry looks at refusal to test just like the state does, automatically guilty.
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