cdl disqualified vs suspended license

Discussion in 'Trucker Legal Advice' started by coolcbhandle, May 16, 2009.

  1. coolcbhandle

    coolcbhandle Bobtail Member

    Jul 2, 2007
    cdl disqualified vs suspended license

    i got a letter saying my cdl has been disqualified for 1 year

    i live in texas are i have read that i dont need to do anything to keep driving my small car?

    i have also read that i might need to apply for a work license to drive a normal car

    will my cdl disqualification always show up on my driving record like a suspended license violation?
    some companies wont hire if they know you had a suspended license i hope it drops off mvr after 1 year....
    does it take points off like a ticket even after 1 year?

    i have been looking for answers i have found a few answers but some like disqualification vs suspension have still been hard to find on the internet

    i was arrested for dui back on 3-10-08 the charges were drop to reckless driving and i plead guilty to reckless on 3-13-09 i had a pretty expensive lawyer in fact he was running for judge just before he got my deal with the D.A.

    i got 1 year of reckless driving unsupervised probation all i have to do is not get arrested again in Louisiana before 3-13-10 and then i can have the reckless driving wiped off my record for another 1,000 dollars

    Wednesday 5-13-09 i got a letter from the my state capital Austin Texas, I live in Houston
    the letter said cdl disqualification i called my attorney's secretary she said this was not supposed to happen and she is trying to get a letter from the D.A. to fax to Austin to help me

    i dont know if the secretary is right about Austin messing up she could be wrong
    it could be for refusing to take the breath, test i read that it is a 1 year disqualification but why would they wait over 14 months to do it year if it doesnt matter weather i am guilty or not

    basically i dont know what is gonna happen yet but if the disqualification doesnt show up on my driving record after 1 year it wont be that bad since most companies are not gonna hire me anyways with the reckless showing up until 3-13-10
  2. psanderson

    psanderson Road Train Member

    Oct 13, 2008
    Moline, Illinois
    It will be on your MVR for up to 7-years pursuant to the Fair Credit Reporting Act (a federal law that governs information on an individual (an MVR is a form of credit report not unlike an Equifax report).

    Since 2005 the federal DOT (FMCSA) has also stipulated that anyone holding a CDL may not have any driving record expunged (nothing may be removed).

    Reckless driving and refusal to test under any implied consent law are 2-different things (once you refused the test you were automatically guilty of your states implied consent law........this/these law/laws basically says that as a condition of being able to have the privilege of driving, you must submit to any demanded alcohol test....refusal will automatically cause severe damage to your driving privilege). Almost all states that have implied consent laws also state that if you refuse that type test you will lose the CDL portion of your license for a period of time. In that regard, your MVR will not only show the reckless driving conviction, but as well it will show the CDL portion being disqualified for refusal under your states implied consent laws.

    From a retired federal DOT official
  3. witchwaywest

    witchwaywest Medium Load Member

    Dec 8, 2007
    Monroe New York
    I'll try to help but not too much.I will assume that all this took place in a personal vehicle not a CMV.You were charged with DUI.You got a lawyer and he plead down to reckless driving.Many States have a statue called, wet reckless driving.I don't know if Texas has it but I would guess that is how your lawyer got the DUI reduced.Wet reckless is more severe than reckless driving and the penalties do include suspension.Better than DUI but not much.Refusal to test.In Texas,90 days to 2 years.If you hold a Texas CDL,1 year.regardless of whether it was in a personal vehicle or not.As far as notification for your suspension it should be about 10 days after conviction not the day the violation occured.Your lawyer needs to contact the court about the refusal to test.That charge should have been dropped(in Texas you can be charged with DUI and refusal to test as two different violations) under the plea agreement along with the DUI.Since you weren't convicted of DUI under Texas law you may apply to the court for an occupational license if allowed for wet reckless.You can't drive a CMV though.So again,my concern is why the refusal to test wasn't dropped when you plead down the DUI.Last thing.Future employment for a CDL holder or former CDL holder with this on your record.Not good and no it doesn't drop off your record in a short amount of time.Employers have access to the court records and the DPS or DMV records.
  4. Tgun

    Tgun Bobtail Member

    Sep 6, 2010
    Platteville, WI
    Speaking of Suspended Licenses... I am a recent graduate, and if the DOT allows a person to Expunge a MVR (so long as they do not hold a CDL), I am a recent graduate and have the Test Scores which are good for 1 year from date issued. Should I attempt to get my MVR cleaned up Prior to obtaining the actual CDL or did that get messed up the day I got my Class-A CDL Learners Permit?
  5. kmo2012

    kmo2012 Bobtail Member

    Jan 11, 2012
    I got a ticket in 2009 for invalid drivers license and no insurance,and i am now paying surcharges on the license which is 28.00 dollars a month.but then i found out that my license were suspended at the end of october.I never recieved a letter for a hearing.When i called they saying they sent it,but if i didnt get it how would i have known about going to a hearing.So as of this far i could not get a hearing.It was not a certified letter so they really can not say i got it they can jus say they sent can this situation be resolved i have sent them a 100 dollar reinstatement fee but they will not give money back or turn my license back on.Seem like they dont care I raise my family with my cdl .I hear people getting put on probation and still able to drice commercial vehicle,but i didn get a chance.I am looking if someone can help me on what to do?
  6. G/MAN

    G/MAN Road Train Member

    Sep 3, 2010

    Did you not go to court or pay the ticket? States usually don't suspend a drivers license without a reason. If you are unable to get a hearing on your own, you may want to hire a lawyer. They know how to work the system.
  7. dieselbear

    dieselbear Road Train Member

    Oct 18, 2008
    States' vary the way tickets are handled. Some automatically set court dates, some set the date the day you get a ticket. Other make you call in or mail in a request for a trial. Butone thing that is certain, if you got a ticket and did not do anything, your CDL will be suspended. So whenever you get a ticket ask the officer what you need to do to comply. If not call the court or the number on the ticket. Just don't believe it will go away. I had a guy today that had 15 tickets that dated back to the early 90's that he thought would never come up. He was from another State and thought he could just say "F It". Today he was convicted for it, the next year in jail will probably be a constant reminder of his actions over the last 20 years.
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