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Revoked license

Discussion in 'Trucker Legal Advice' started by m16ty, Apr 25, 2022.

  1. Apr 25, 2022 #1
    m16ty

    m16ty Road Train Member

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    Back in 2012 my cousin ran off the road in his pickup truck about a mile from his house. He called his son to come and get him, and they went back to the house to get the tractor to pull him out. No damage other than the pickup truck, he just ran into a ditch. When he gets back to the truck somebody has called the police and he is arrested for leaving the scene of a accident. He goes to court, the judge sees he just left to go get the tractor and throws it out.

    Fast forward to 2022, and he gets a letter in the mail from Homeland Security that his CDL has been revoked for the leaving the scene charge back in 2012.

    something doesn’t smell right here, and I can’t figure out how they can go back 10 years and revoke his CDL for a charge he wasn’t even convicted of. He’s going to talk to a lawyer but asked me if there was something else he could do. I’m at a loss as to how to help him.
     
    m16ty, Apr 25, 2022
    m16ty, Apr 25, 2022
    #1
    Magoo1968, jamespmack and Rubber duck kw Thank this.
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  3. Apr 25, 2022 #2
    buddyd157

    buddyd157 Road Train Member

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    seek an attorney on this.
     
    buddyd157, Apr 25, 2022
    buddyd157, Apr 25, 2022
    #2
    Bean Jr. and Magoo1968 Thank this.
  4. Apr 25, 2022 #3
    Dave1837

    Dave1837 Road Train Member

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    Unfortunately this is going to be a long process of being on the phone with the DMV and the district court. What happens is, even though a charge is dismissed, it's not wiped off the individuals driving record. This happens with criminal and traffic stuff. When I was in LE I'd see it all the time, I'd cite someone for driving without insurance, then a few weeks later at the hearing they'd provide valid insurance credentials and I'd withdraw the charge. All was well, until the magistrates office didn't tell the DOT the charge was dismissed. 30 days later the person was calling my PD wondering why their license was suspended.

    I have no idea why the DHS would all of a sudden bring up a dismissed charge from 10 years ago. Does he have hazmat or twic?
     
    Dave1837, Apr 25, 2022
    Dave1837, Apr 25, 2022
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  5. Apr 25, 2022 #4
    m16ty

    m16ty Road Train Member

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    No hazmat or anything. He’s 60 years old and drives local part time for me, and he does logging the rest of the time. His cdl isn’t need for his logging business (falls under the TN agriculture exemption), so he’s talking about not fighting it too much, and just get his regular drivers license reinstated. I don’t want him to do this because I need the driver.
     
    m16ty, Apr 25, 2022
    m16ty, Apr 25, 2022
    #4
  7. Apr 25, 2022 #5
    Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    Just have him to go back to the attorney that went to court with him in 2012 and got the case dismissed. He should be able to handle this pretty quick.
     
    Grumppy, Apr 25, 2022
    Grumppy, Apr 25, 2022
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    Bean Jr. and Rubber duck kw Thank this.
  8. Apr 25, 2022 #6
    Dave1837

    Dave1837 Road Train Member

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    I would at least contact the district court and ask why his case was never dismissed or nolle processed. It could be something that a few phone calls could clear up. If it were me I'd want that off my record for sure
     
    Dave1837, Apr 25, 2022
    Dave1837, Apr 25, 2022
    #6
  9. Apr 25, 2022 #7
    Capacity

    Capacity Road Train Member

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    Wisconsin DUI , its on your record for life.
     
    Capacity, Apr 25, 2022
    Capacity, Apr 25, 2022
    #7
  10. Apr 26, 2022 #8
    Val_Caldera

    Val_Caldera Road Train Member

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    What "DUI"?
    Nothing mentions such in this thread!

    homeland stupidity is in charge of 10 year old Vehicular Accidents?
     
    Val_Caldera, Apr 26, 2022
    Val_Caldera, Apr 26, 2022
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  11. Apr 26, 2022 #9
    m16ty

    m16ty Road Train Member

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    Apparently so. I didn’t even know leaving the scene was was a CDL revocable offense, especially if it didn’t occur in a CMV.
     
    m16ty, Apr 26, 2022
    m16ty, Apr 26, 2022
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  12. Jul 25, 2022 #10
    Lexuslane

    Lexuslane Medium Load Member

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    Leaving the scene is almost never charged unless there is an injury or major property damage .
    He’s gonna need an attorney to contact the jurisdiction that charges him with it and demand they follow up and make it go away off his record .
     
    Lexuslane, Jul 25, 2022
    Lexuslane, Jul 25, 2022
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