One year disqualification help

OVI meant "operating a vehicle while intoxicated", and he wants to go to CDL school.....sigh.....Such is the state of the once great Brotherhood of Truckers....

 

Thank you. Every state seems to call everything by a different name and use different initials.

 

In the whole of this thread i was sure someone would say, "Here, hold my Beer and watch this".

 

TO the OP, if you ended up with physical control, where is the proof that the cops came up with that you actually did drive and how did they determine you were drunk?

You should have fought this as hard as you could because this is what the insurance will see, they don't care about the bs story, they will see it on your MVR and will tell the carrier "nope!" and that's it. It doesn't care; it is looking at this as the same thing or close to a DUI/OVI.

If you take a plea, then you can't get the case reopened, which is what I would do; I would not settle for anything but a full dismissal because they don't have proof of you actually driving.

 

Thunderlips is here….

 

All I will say is violating ANY of the prohibited acts found in table 1 of 383.51 is not something a CDL or CDL permit holder wants to get caught doing. Table 1 violations have a tendency to get "sticky" and follow a driver for a long period of time. Now I also need to remind people of part 384.226 ----

The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder's conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.

Anybody who has read my comments over the years knows I tread lightly when it comes to politics. My political opinions are mine and mine alone. With this said, allow me to remind EVERYBODY that the current POTUS and his Secretary of Transportation are looking hard at the states when it comes to their compliance with Federal law/rules. This has been happening ever since that unfortunate situation happened on the Florida Turnpike.

 

Because he had the CLP this falls under federal masking laws. Even though it was plead down the clerk still has to turn it over to the state as the original charge. So yes he is disqualified for 1 year

 

Yes, but only as a conviction, dismissal vacates the risk of being suspended.

 

Only it wasn’t dismissed it was plead down.


The difference in Nolle Prosequl here and a plea is absolutely phenomenal.

 

He said he received a notice of disqualification. So unless whatever agency issued it has rescinded it I expect it must still be in effect.

And frankly, the longer a story winds along, the less I'm inclined to believe it.