I need advice!!!

Discussion in 'Trucker Legal Advice' started by seapup, Jan 21, 2011.

  1. seapup

    seapup Light Load Member

    88
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    Aug 1, 2010
    wodstown,nj
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    Heres the whole story.
    My driver ( also my son) got a ticket several years ago in Virginia in his personal car. We live and are liciensed in NJ. He either forgot it or chose not to pay the ticket i honestly don't know which. At any rate, he got his cdl permit in September of 2010 and started driving my truck with a liciensed cdl driver. They were stopped in Maine, in October, at which time they suspended him for the ticket from Virginia, and gave him a ticket. He immediatly paid all charges that were due to Virginia and Maine and his liciense was restored. He resumed driving along with the liciensed driver. He passed his road test and got his CDL-A in December and has been driving solo since.
    Today he got a notice in the mail that his CDL and regular licience will be suspended on January 31 for the ticket he got in Maine. 6 months federal suspension and an additional 6 months suspension from NJ.
    Can they do this? How do we fight it. He has a wife and 3 small children, this will be devastating.
     
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  3. witchwaywest

    witchwaywest Medium Load Member

    327
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    Dec 8, 2007
    Monroe New York
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    You don't say what the ticket in Virginia was for.Was his license suspended by Virginia for being a no show?When you apply for a CDL permit the form will ask about previous suspensions or licenses from other states.What was the ticket in Maine for?He can have his license suspended for two serious violations in a three year period with a CDL even if driving a non cmv.Once you get your CDL permit in NJ you can schedule a road test 20 days later.I'am all for getting ready for a road test but what was he doing up in Maine driving on a permit.There are laws stating you must have valid CDL(not permit)before operating in interstate or intrastate commerce.The other thing is operating out of class.No road test in the appropriate vehicle.Post again when you find out more.Fmcsa 383.51 might help.
     
  4. seapup

    seapup Light Load Member

    88
    15
    Aug 1, 2010
    wodstown,nj
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    He got 2 tickets for speeding, 1 in 2002 and 1 in 2005. He has never had a liciense in Va., only in NJ and only a regular licience until December of this year. he got these tickets while driving through Va. He didnot recieve any notice of suspension from Va. or NJ. He has renewed his regular liciense in NJ since 2005 with no record of a suspension showing up.
    Driving a cmv with a permit, loaded or not, is legal as long as there is a cdl liciensed person in the passenger seat.
    He got his cdl permit in September of 2010, 5 years after the last ticket in Va.
    He did not possess a cdl when he got the Va. tickets.
    The ticket in Maine was for driving while suspended. He paid that ticket and paid the tickets and penalties due in Va. and Va. restored his driving privlidge.
    NJ has suspended him for 1 year for the ticket in Maine. NJDMV said the only way this can be removed is by having Maine downgrade the ticket he got there.
     
  5. witchwaywest

    witchwaywest Medium Load Member

    327
    105
    Dec 8, 2007
    Monroe New York
    0
    I'am getting a little closer to understanding this whole mess.Two tickets in Virginia for speeding,2001,2005.Failure to answer to these summones.I don't know why Virginia never informed New Jersey DMV of these violations.Perhaps the court in Virgina never got around to notifying it's own DMV which in turn notify New Jersey DMV.Only New Jersey can suspend your son's license.Maine,Virgina and New Jersey are part of a compact among states that share information on violations.In 2005 there was a not so thorough compact.Now it's very thorough.CLA,NDR,CDLIS.When your son renewed his license prior to this mess,just say 2 or 3 years ago,New Jersey might have just renewed the license with out any license background for violations in other states.Maybe Virginia didn't send New Jersey DMV any information because there were no convictions at the time.Present time,your son pays the tickets,now there are convictions on record as of October 2010.Virginia now has 30 days to send this record to New Jersey DMV.Also when your son applied for his CDL permit,New Jersey would have been required to run a background on his license with other states.Again it's not automatic when you apply,it could take 30 days.(NDR)National Driver Registry)shows violations without waiting.Your son should have taken care of the Virgina tickets prior to applying to and receiving a CDL.There is no plea down of tickets anymore with a CDL.You say he paid the Maine ticket.He should have waited and requested a court date giving him time to sort this out.The only thing I can say is request a drivers abstract from New Jersey.Check the date the suspension is listed on the abstract against the ticket in Maine.You might find the suspension listed after the date the ticket was received.Also check the date on the "Scheduled Order Of Suspension"the notice you should have received.The date it was suspended or sent may be different than the Maine tickets date.This may show the court with proof that you had no knowledge your license was suspended.You may also check the back of the "Scheduled Order of Suspension" for insructions on how satisfy a "Failure to Appear" suspension on your record.(Virginia ticket)Last thing.You might use your logbook as proof that you were not home to receive or sign for mail.An order of suspension is usually sent by certified mail,signature requried and the USPS keeps that on record.So don't use the logbook defense if you signed for this letter.However if someone else signed for it and you never received it from them you might have a case.Just check with USPS for who signed for it if indeed it was sent that way.Isn't trucking fun?Good luck to you.
     
  6. seapup

    seapup Light Load Member

    88
    15
    Aug 1, 2010
    wodstown,nj
    0
    thank you very much, this at least gives us some hope.
     
  7. fallinangel

    fallinangel Medium Load Member

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    Dec 30, 2010
    Branford Florida
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    I was thinking about this if va wasent paid in the time it should have been then maybe the suspension took place after that dat then he got anoth in maine and paid that then after the fact paid va but I seen ohio do the same to a driver and what it boiled down to was even tho he paid the ticket in ohio he was still suspended due to the fact that their was also a reenstatement fee to activate his dl which was 500.00 of which I loaned him.
     
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