CDL Revoked -Now What? (Nebraska)
Discussion in 'Trucking Industry Regulations' started by bottomhoppercrew, Aug 7, 2016.
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Contact OOIDA and also Google search. Are you a member of OOIDA? If not check out their website, www.OOIDA.com
MidwestResident Thanks this. -
No I am not. But maybe I need to subscribe.
Chinatown Thanks this. -
Roadlaw is the go to att. on OOIDA short list of CDL savers
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There is something along the lines of doing something because you were ill-advised by a person of trust and getting it thrown out because you were mislead by a person of authority.
I have no clue of the laws or clauses but that should be enough for your appeal to go to court, claim you were advised by a person of trust to take the plea. My knowledge of this is very vague but I hope it helps you a little bit.bottomhoppercrew Thanks this. -
Very good point. Don't know if that wll hold up in court or not. I am not a lawyer at all. I've hade a couple of law classes in college, but this is beyond me. I was actually thinking the same! But tomorrow find another lawyer. That's for sure!
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Talk to a Public Defender and have him withdraw your plea and change it to a Not Guilty and have it go to Trial or try for another Plea Deal.
A Lawyer is just going to take your money, most of the time a Public Defender can get you the same deal as a Lawyer can.LindaPV Thanks this. -
Hate to break the news to you. But you kept your license as promised, the cdl is different and unless it specifies cdl in writing, it defaults back to your license.
You won't get this reversed. It is final and understandably an appeals court would refuse it. The lawyer is at fault for a little but complaining won't help other than maybe getting a couple hundred back.
Call the dmv and ask them the appeal process details,what forms need to be filled out, the affidavits that need to be written and what evidence from the adjudication need to be presented. If you have anything about the deal with your cdl I writing, stress that when you make your appeal.
The really dumb question of the day is this; no matter what the lawyer said, why didn't you demand a jury trial?
I can't stress this enough ... protect your cdl.MidwestResident, TequilaSunrise, pigeon river trucking and 3 others Thank this. -
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Personally, I'd get a new lawyer first and formost.bottomhoppercrew said: ↑I was recently accused of a hit-n-run. When it went to pre-trial, I was offered a plea agreement "no loss of license, fine only, no restitution". The fine was $100, and was a lot cheaper than what it cost for that 2 minutes in the courtroom. Lawyer charges $200 hr/ and makes that alone with the trip to the court... So I took it. Wish I would have faught it farther. Few days later I got a letter from the DMV saying my CDL was revoked for 1 year. I did some research, and there are major and minor disquilifing offences. This is one. I was not aware of that. I know ignorance of the law is not an excuse... But has anyone gone through this (or something similar). I pled no contest, which is what my lawyer said would help a lot. He said he had had several cases where someone got a DUI and they got their CDL back. I have until the 28th to appeal. I am having a hard time getting ahold of him. He is either in court, or with a client. Time is running out, and if I can't get ahold of him how do I appeal myself? I did get two emails from my lawyer, and one call. What he said is that the criminal case is different than with the DMV. That's civil. Any input is more than welcome.Click to expand...
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