Denied CDL-A for 36 months because of suspension

Discussion in 'Trucking Industry Regulations' started by Kwaione, Feb 4, 2013.

  1. Voltrucker

    Voltrucker Medium Load Member

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    Sep 24, 2012
    West TN
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    Talk to others in your city/town and see which is the very best lawyer there is in your area. Talk to him or her to see what they can do.
     
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  3. DedHedEd

    DedHedEd Light Load Member

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    Dec 20, 2010
    TulsaTown, OK.
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    Ok, thanks for your update. I see your problem now. You know what I would do? I would again contact someone at your Michigan Sec. of State office and ask them if there is any Court you could go to, to plead your case that it was a 'matter of medical emergency' for the reason you drove when you did not have a license. How old were you then/now? Did you EVER have a license before that? IF you are a young person and never had a license in the past you might not be able to to plead some sort of 'hardship deal' with Court. Hells' Bells' I ain't a lawyer. THAT is who you need to talk to.
    I'd guess tho, if you had a license some time in the past, yet let it expire,,,you might be able to get an attorney and make a case. If not tho, I'd guess you will have to wait for the 3 year date of the Suspension to end, for Michigan's CDL, per their Rules. I went to the website.
    I can tell you Oklahoma is tied to the Nationwide system, and it will show up if you have a license now from another state, as you said you have. I'd guess all states are that way. I do NOT KNOW if that is true tho. Consult a Traffic Attorney in your area,,,don't get ripped off,,tell 'em no more than couple hundred bucks for his time,,,is what I'd do, tho do as you wish.
    You CAN of course get a 'Chauffeur License' in your state. Did you see that? You can drive a taxi, box trucks such as 24' local delivery trucks,,,and a few other things which you CAN make a living from!!! At least it is driving and making money, right?? Just see your Michigan website about it.
    I'd get a 'traffic attorney' tho and if you CAN show you were in a medical emergency, had a license previously tho let it expire,,, or even if you didn't have a prev. license, maybe he could make a case and get you some action. All you will be out is the Call to the Sec of State to see if 'maybe' they could tell you they could do this, or a call to an attorney. Make two calls dude,,,,see what you come up with. Best of luck.
     
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  4. Kwaione

    Kwaione Light Load Member

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    Jan 27, 2013
    Lansing,Michigan
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    Thanks buddy about the Chauffeur's license! I will go get it tomorrow! There are many openings in my area, I will get a job doing that then take my test the day I eligible :) Wow I am relieved.. My Mom is dating a Lieutenant in the Army in which he is Lawyer and will represent me free as well.. Thanks for this info and it is much appreciated . Two years from now I will go for the CDL-A to fulfill my dreams but in the meantime drive a taxi or whatever delivery vehicle with the license you mentioned. Thank you guys sooo much!
     
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  5. Kwaione

    Kwaione Light Load Member

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    Jan 27, 2013
    Lansing,Michigan
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    And yes had a license since age 16 with only minor infractions in the last 15 years

    On Tapatalk via my Mobile
     
  6. dibstr

    dibstr Road Train Member

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    Sep 10, 2010
    Mississippi
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    To answer your original question, there are many states where the suspension will not affect your ability to get a CDL. You just need to reside there.

    FYI, If the suspension in Michigan was for failure to appear(FAC), the 36 month wait does not apply.

    Best regards
     
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  7. Kwaione

    Kwaione Light Load Member

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    Jan 27, 2013
    Lansing,Michigan
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    They said it was not for that do you know which states ? I will move there in a heartbeat... Thanks


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  8. dibstr

    dibstr Road Train Member

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    Sep 10, 2010
    Mississippi
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    I thought you said in your original post that your license was suspended for not paying the fees, which indicates failure to appear. More to this story?

    As far as which states, you can call around and find out. Here in MS a previous suspension would not affect your ability to obtain a CDL as long as you are CDL eligible under the federal regs. Some states (such as Michigan) add a few state disqualifications.

    Best regards
     
  9. Kwaione

    Kwaione Light Load Member

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    Jan 27, 2013
    Lansing,Michigan
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    one was for the fees not being aid the the was mandatory for the charge of not driving while license valid but not suspended

    EDIT: while driving to hospital forthe mandatory but does not disqualify, forgot that when I was at sos earlier
     
    Last edited: Feb 4, 2013
  10. Kwaione

    Kwaione Light Load Member

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    Jan 27, 2013
    Lansing,Michigan
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    Mississippi was the on I was looking at, I wrote them to make sure but really hope that i can


     
  11. DedHedEd

    DedHedEd Light Load Member

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    Dec 20, 2010
    TulsaTown, OK.
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    Hey Kwaione,,,check it out. The last sentence of the paragraph. is from the Michigan site. http://www.michigan.gov/sos/0,1607,7-127-1627_8669_53324-213069--,00.html
    -and a suspension or revocation for a temporary medical condition do not disqualify an applicant for a CDL.
    -and a suspension or revocation for a temporary medical condition do not disqualify an applicant for a CDL.


    I'd guess all you have to do is 'prove' your medical condition. Should be easy to do, eh? Take your medical records at the time, and the Ticket, to the Sec of State/DMV office, is what I'd do. By the way, where did you go to Truck Driving School, or have you yet?
    Driving Record

    Before you can obtain an original CDL, you must qualify for the license based on your driving record. Any of the following will disqualify you from obtaining a CDL:

    • Inability to make the necessary certifications contained on the CDL Certification Form, BFS-103 (Appendix A of the Michigan Commercial Driver License Manual).
    • Having a license from more than one state.
    • A current suspension, revocation, denial, or cancellation of your license.
    • Conviction of any six-point violation in the 24 months immediately preceding application.
    • Conviction for operating a commercial motor vehicle while impaired in the 24 months immediately preceding application.
    • A suspension or revocation in the 36 months immediately preceding application.
    • Suspensions for Failure to Appear in Court (FAC), Failure to Comply with a Judgment (FCJ), failure to appear for re-examination, financial responsibility, non-sufficient funds checks, and a suspension or revocation for a temporary medical condition do not disqualify an applicant for a CDL.
     
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