Can any state pull your CDL for dui from 15yr before you got your CDL? They just did!!!!

Discussion in 'Experienced Truckers' Advice' started by carptransport, Jul 23, 2020.

can you get a cdl with 2 prior duis, over 10 years old..

  1. yes

    14 vote(s)
    56.0%
  2. no

    11 vote(s)
    44.0%
  1. carptransport

    carptransport Light Load Member

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    Dec 11, 2018
    Port Saint Lucie, FL
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    i didnt apply for a cdl in mass i still live in florida, i dont even go to mass, but i lived there from 1978 1999 i dont see how they should have any input but i am screwed
     
    SmallPackage Thanks this.
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  3. 88228822

    88228822 Medium Load Member

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    sounds to me like the State of Massachusetts is violating your civil rights

    this is not a legal opinion
     
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  4. carptransport

    carptransport Light Load Member

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    Dec 11, 2018
    Port Saint Lucie, FL
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    agreed, actually the just need someone who can actually read the laws rather than interpreting them for there own needs...
     
  5. Chinatown

    Chinatown Road Train Member

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    Sad situation; could go bankrupt before this is settled.
    Your insurance probably get cancelled.
    Can you put another driver in your truck?
     
  6. snowwy

    snowwy Road Train Member

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    2 dui with a cdl is revocation.

    You didn't have a cdl. I didn't think those 2 in the past with non cdl mattered after 10 years.
     
    Matt1924 Thanks this.
  7. Cat sdp

    Cat sdp . .

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    Orion's Belt
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    Did you get charged with a dwi second offense.....?

    Not that it really matters ....


    You need a high priced mass dwi lawyer...
     
    Sirscrapntruckalot Thanks this.
  8. 062

    062 Road Train Member

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    Is it possible someone stole your identity? I know a guy that his brother used his birth certificate to get a license and he spent a night in jail for it.
     
  9. tommymonza

    tommymonza Road Train Member

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    Did you have the Mass drivers license when you received the dui’s in Florida?
     
  10. dibstr

    dibstr Road Train Member

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    Seems like a lot going on there and makes me think there is more to the story. I'm not saying you haven't told all you know but maybe you don't know the whole story yet. Two DUI's over ten years ago on a non-commercial license driving non-commercial vehicles don't disqualify you from obtaining a CDL under the FMCSRs. I'll offer some info and maybe some will help you with a path to take that is less expensive than taking the lawyer route.

    Before Florida issued you a CDL they were required to (Among other things) run a CDLIS inquiry and a NDR inquiry. Either or both would have produced violations or events which would have prohibited them issuing you a CDL. Obviously neither did as they issued you a CDL. I have run in to problems with NDR inquiries in the past as they sometimes produce bogus results based on similar names and DOBs. This does not sound like your problem, but at this point don't rule it out.

    A state (In this case Massachusetts) cannot suspend, revoke, cancel, or disqualify another state's licenses (In this case Florida). They can and do notify the issuing state of the violation(s) and if those violations are also violations in the issuing state then the issuing state can take action against the driver and his license under the issuing state's laws. A non issuing state cannot just decide one day to run CDLIS or NDR inquiries because they want to. Something is fishy here.

    In a nutshell it seems Florida has your license screwed up on information provided by Massachusetts. Unfortunately usually the issuing state will not fix things without a clearance letter from the complaining state but since the original violations were in Florida I suspect the problem with Mass began with Florida and they will ping pong you back and forth saying only the other state can fix it.

    My advice is to personally visit the head person in Florida who is over their Driver Services (Or whatever it's called in Florida) and explain what's going on. Do not just talk to one of the DL examiners, go to the top.
     
  11. SmallPackage

    SmallPackage Road Train Member

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    Marion Texas
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    Just a guess but what it sounds like to me is maybe Fla didn’t know about the dui when they issued the license and now they are reneging. All the states are being forced to finally get their databases up to date and were they instantly communicate between states. This has been almost 20 years in the making since homeland security type legislation passed after 9/11. Florida probably didn’t have your driving record info originally and now they do so they are scared to renew.
    In a way it kinda goes back to the days of lose a license in one state and go to another and get one. Not supposed to happen anymore and maybe that is why Florida is spooked.
    Look into it. Talk to the right people. Take it to the top in the dmv. Get some consul that specializes in that for sure.
     
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