Can any state pull your CDL for dui from 15yr before you got your CDL? They just did!!!!

Discussion in 'Experienced Truckers' Advice' started by carptransport, Jul 23, 2020.

can you get a cdl with 2 prior duis, over 10 years old..

  1. yes

    17 vote(s)
    56.7%
  2. no

    13 vote(s)
    43.3%
  1. GreenPete359

    GreenPete359 Road Train Member

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    i stopped reading here, but a FL lawyer may be able to get FL to disregard Mass’s disqualification and get your license reinstated.

    I would also send some penned & emailed letters to state officials from both MA & FL.

    *a hand written letter seems to get you a quicker and better response, tho i would send both with a few phone calls.
     
    born&raisedintheusa Thanks this.
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  3. carptransport

    carptransport Light Load Member

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    Dec 11, 2018
    Port Saint Lucie, FL
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    ok guys, just a quick update, i am still waiting on my hearing from the appeals court, it appears due to the covid closures there is a huge backup of cases, no surprise...

    but i did find the smoking gun to shut mass up, the entire argument here was can you have 2 duis and then get a cdl, the answer is YES!


    After 2 months of scouring the net, talking to lawyers and the FMSCA, i was finally pointed in the right direction, i was sent to the FederalRegister.gov and sent the link for the final ruling and clarifications... see explanation below..

    "Four comments ask whether conviction in a non-CMV prior to applying for a CDL will prevent the issuance of the CDL. The Act clearly states that penalties for offenses committed by a CDL holder in a non-CMV shall be counted. Therefore, only non-CMV convictions for offenses committed after a person obtains a CDL can be counted against his or her driving record." -----FMSCA

    so since mass has no jurisdiction over my dui(s) in florida, mass should have no choice but to remove the disqualification, now if i was applying for a CDL in mass they would have every right to refuse, but not to confiscate my FL CDL....

    Now i just need to find the right lawyer to help me file a torts claim act lawsuit, possibly even a class action suit....

    game on massholes!!!!
     
  4. born&raisedintheusa

    born&raisedintheusa Road Train Member

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    The powers to be in Massachusetts are still real live human beings, with flesh and blood, along with PRIDE and EGOS. Because of their PRIDE and EGOS, they will NOT remove the disqualification, unless absolutely FORCED to do so, through legal means. This is probably going to be quite a battle.

    God bless every American and their families! God bless the U.S.A.!
     
    Gearjammin' Penguin Thanks this.
  5. snowwy

    snowwy Road Train Member

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    I don't see how any state can just step out of bounds in to another state and lay down the law over their own F up.
     
    Last edited: Sep 23, 2020
    carptransport Thanks this.
  6. SmallPackage

    SmallPackage Road Train Member

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    California has. We’ve all seen the clean idle decals with the image of California on every new truck that ugly up a nice paint job sold in all the other states.
     
    aaronpeterbilt3787 Thanks this.
  7. snowwy

    snowwy Road Train Member

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    Cali has always been first to implement clean air laws. The rest of the country just follows.
     
  8. aaronpeterbilt3787

    aaronpeterbilt3787 Medium Load Member

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    Never mind the rest of your country, other countries too. Ontario is getting as bad as Cali in regards to emissions bs.
     
    snowwy Thanks this.
  9. snowwy

    snowwy Road Train Member

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    He hasn't been around for 6 months now.
     
  10. not4hire

    not4hire Road Train Member

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    Calgary
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    Just another three months... if he stays on good behaviour.
     
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