Revoked License question

Discussion in 'Trucker Legal Advice' started by Joseph Almond, Jul 8, 2007.

  1. Joseph Almond

    Joseph Almond Bobtail Member

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    Jul 8, 2007
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    I experienced a nervous breakdown 2 months ago. This, due to pushing too hard while over the road. I got paranoid; thought people were chasing me, while I was driving my personal car. Do any of you folks know the process of getting back on the road?

    My license was revoked for 12 months for attempt failure to obey the command of an officer. (Misdemeanor) Can I ever drive truck again? When the 12-month period has passed, do I need to go apply for a new CDL?

    Will I have any points on my record, or is it all cleared up after 12 months of not driving? Will a company hire me? (10 years experience, no tickets, no accidents, with all endorsements) I held a Texas CDL and had no points prior to my incident. The incident occured in Utah. Please offer links, or your experiences. I need to know if I may roll again, after the 12 months are up. Thanks!
     
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  3. heyns57

    heyns57 Road Train Member

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    I assume that you will have to pass another DOT physical. The following is part of the instructions to the doctor.

    When examining the driver, it should be kept in mind that individuals who live under chronic emotional upsets may have deeply ingrained maladaptive or erratic behavior patterns. Excessively antagonistic, instinctive, impulsive, openly aggressive, paranoid or severely depressed behavior greatly interfere with the driver's ability to drive safely. Those individuals who are highly susceptible to frequent states of emotional instability (schizophrenia, affective psychoses, paranoia, anxiety or depressive neurosis) may warrant disqualification.

    http://www.fmcsa.dot.gov/rules-regulations/administration/medical.htm
     
  4. dancnoone

    dancnoone "Village Idiot"

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    Provided you have a Doctors release (I assume you've seen one) you should be okay. If not, you may be required to, to get your CDL's back. Start NOW don't wait until you are ready to re-apply. It takes time to get a release for "mental" related illnesses.

    Are you currently on any medication? That can play a factor. As to how they affect your ability to drive.

    And yes, you most likely will have points on your license. Luckily you were not in a state that considers failure to yield a felony. Of course all this is mute, if you stopped, then simply disobeyed a lawful order.

    A good attorney could argue these down, due to mitigating curcumstances...but you are past that point now.
     
  5. ddog

    ddog Light Load Member

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    Joseph,

    Sounds like someone is shooting ultrasonics or infrasonic silent sound wave energy at you at home keeping you up from sleeping sound. Unfortunately the law uses it (and Hitler did too), so its legal as rain.
     
    Pur48Ted Thanks this.
  6. tomhorn

    tomhorn Light Load Member

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    Jacksonville, FL
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    Nervous Breakdown is not a medical condition and is not recognized by any medical association as a diagnosis. You need to have a medical diagnosis and if it results in a diagnosis of a recognized mental impairment, you will need to demonstrate, by evidence of a doctor and probably multiple doctors that the condition is completely cured (a tough burden). Even then it will probably take at least a year, probably more like 3, before anyone wil lok at hiring you, as a practical matter.
     
  7. Pur48Ted

    Pur48Ted Road Train Member

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    You CANNOT hold a CDL with-in 36 months of having a license suspended or revoked.
     
  8. dieselbear

    dieselbear Road Train Member

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    Roadkill, that's B.S. I don't know what "Kool Aid" you've been drinking but that is not true. Is that a state law in your state because I have never encountered that or even seen it anywhere. Guys get their CDL's reinstated everyday. I stopped one last week that was suspended in his home state for a $50.00 citation that wasn't paid. Took care of it over the phone and cleared his record in a matter of about 1 hour. Keep on sippin' that good stuff.
    :biggrin_2551:
     
    Last edited: Jan 2, 2009
  9. RickG

    RickG Road Train Member

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    A revocation is much worse than a suspension . A suspension is temporary . When you license is revoked you have to start from square one and be retested .
     
  10. JasonTheRock

    JasonTheRock Light Load Member

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    In california if lose or surrender your drivers license and you re-apply after 2 years you must retake the driving test, before that you wont have to.
     
  11. IanL

    IanL Bobtail Member

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    Sep 26, 2009
    Miami, Fl
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    i'm having a problem in getting my cdl in florida again. I held a cdl from indiana from 1999 to 2003 when it expired. I didn't make it in the industry very far so just stayed home in texas and worked there. Since I couldn't afford to transfer the license and all that I just let it lapse and let my DOT physical lapse, not thinking anything of it. now almost 10 years later, I am giving trucking another try. so I went to take my written test all over again so that I could get my learner's permit for school. Now the florida dmv is telling me that they can't issue me the permit even though I passed the written part until I clear up whatever caused the problem on the indiana license. Indiana says that they need a letter from the florida dmv saying that I am fulfilling the testing requirements all over again. So I talked to the supervisor at the office where i was trying to get my license and she couldn't help me with that because she didn't have anything like that to send. Gave me the florida dmv customer service line to call and i got ahold of them and told the guy my problem, and he sent what i thought at the time was what i needed. went to license office yesterday morning cause it wasn't cleared up before office closed the day before. still not cleared. called indiana dept. of Revenue, which handles the CDL related stuff, and the rep i spoke with said that the other rep isn't showing as having received anything. called florida dmv cs again and they show as having sent something, but that they had sent a clearance letter, which as the lady explained it to me, only says that I am eligible to drive and not much else related to my particular problem. The thing that is holding me back is that Indiana disqualified my license because the DOT Physical had lapsed. I knew that that physical only lasted for so long, but hadn't been made aware that if I didn't keep it up to date that it would cause this kind of trouble. I know that ignorance of the law isn't an excuse. Any advice on clearing this problem up? the Florida DMV CS rep yesterday said that i should be able to clear it up by faxing my MVR to the people in indiana

    BTW I already knew I was going to have to go the nine yards to get my license all over again, so I don't see why this would be an issue after almost 10 yrs
     
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