Please help! Complicated DUI case.
Discussion in 'Trucker Legal Advice' started by joefats, Sep 19, 2012.
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The best way to get answer is to call the police and see what they say.
KH -
If a CDL is suspended, the suspension applies to all states. On top of that, he has to notify--or should have notified--his employer. Oregon would notify California--the issuing state, which would suspend his license.
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If you read the OP's origonal post, he did say acording to cal. it still valid, But Cal. cant suspend his CDL, for a crime that happen in anther state, The only way it can be suspended ir if he had gotten the DUI in cal. where he is licenced
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Got it (although he also said Oregon suspended his CDL for 90 days), but since we're under FMCSA rules for CDLs, I think a DUI in no matter what state, is an automatic suspension (or maybe that's after a criminal conviction, I dunno). Not sure if it's the issuing state or FMCSA which does the deed. But if his CDL is suspended for dui, then he's not going to be driving trucks. I don't think a CDL is suspended in one state but valid in others. It's a state-issued license, but federal rules apply.
If you drill down to "General" then "serious violations" in http://www.dmv.ca.gov/pubs/cdl_htm/sec1.htm
says he can't drive ... but it doesn't say what happens if the violation is in another state.
Again, I don't know, but it's an interesting question.
Also, maybe it's still "valid" (not revoked or cancelled) but it's suspended. He didn't say that CA said he could still drive trucks.
Just found this:
http://www.fmcsa.dot.gov/registration-licensing/cdl/cdl.htm
"States must be connected to the Commercial Driver's License Information System (CDLIS) and the National Driver Register (NDR) in order to exchange information about
CDL drivers, traffic convictions, and disqualifications." If he was suspended in Oregon, California knew about it pretty quick. I think. -
yeah, 90 day administrative suspension.
ac120 Thanks this. -
Real Easy just ask a dot cop.
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California will only recognize a conviction. At that time your license will be suspended for 6 months on first offense.
By law you have 30 days to report a conviction to your home state. An administrative conviction is a conviction no matter how you look at it. Go down or call the DMV and tell them what you told us and they will give you your answer.
Driving a commercial vehicle while on suspension is nothing you want to play games with. They'll bury you.
The new employer won't hire you after you tell them. The administrative conviction can not be hidden.
I hate to say but you might as well hang up your truck keys for a minimum of 3 years.
Here's your answer...
Last edited: Sep 21, 2012
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The national database will have the dui on record, you cannot hide anything with a cdl anymore.
crb and CondoCruiser Thank this.
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