CDL Problems

Discussion in 'Trucker Legal Advice' started by choo2drivr, Sep 8, 2020.

  1. choo2drivr

    choo2drivr Bobtail Member

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    Sep 8, 2020
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    Hi,

    I have about 5 years experience. I am licensed in South Carolina. I was in an accident and my employer had not given me a current insurance card. My CDL was pulled on the spot. SC told me I would be suspended for a year. The year is up and I am trying to get my CDL back. South Carolina now tells me I have an "issue" in both North Carolina and Ohio but can't tell me what the issues are. North Carolina says there is no problem, and I cannot get Ohio DMV to answer the phone. I am living in South Carolina at the moment. Can anyone tell me how to prove I have no issues so I can get back to driving again? Should I hire a lawyer?
     
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  3. Eddiec

    Eddiec Road Train Member

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    Why do you need an insurance card from your employer?
    Why was Your license "pulled on the spot"?
    Why were you suspended?
    The state did what it did, for a reason, you are leaving out a lot of information. So yes, get a lawyer .
     
    jsnell, Bean Jr., homeskillet and 3 others Thank this.
  4. Puppage

    Puppage Road Train Member

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  5. ZVar

    ZVar Road Train Member

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    A couple problems with your post.

    1. CDL's are not "pulled on the spot" That's what courts are for. At worst you got placed out of service until the preexisting issue was fixed like maybe you were driving on an expired license, or the company did need to get insurance.
    2. The list of why a CDL can be suspended for one year for the first offense is as follows:
    (1) Being under the influence of alcohol as prescribed by State law
    (2) Being under the influence of a controlled substance
    (3) Having an alcohol concentration of 0.04 or greater while operating a CMV
    (4) Refusing to take an alcohol test as required by a State or jurisdiction ...
    (5) Leaving the scene of an accident
    (6) Using the vehicle to commit a felony, other than a felony described in paragraph (b)(9) of this table
    (7) Driving a CMV when, as a result of prior violations committed operating a CMV, the driver's CLP or CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV
    (8) Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide
    (1) Violating a driver or vehicle out-of-service order while transporting nonhazardous materials (This one is between 180 days and 1 year)

    Notice there is no "no insurance" on that list. We cannot help if you don't let us know what actually happened. We need to know the real reason for getting your license suspended , and since you made up a "no insurance" thing I'm guessing alcohol as you can be put OOS immediately if you blew too high. The suspension would happen later, but it could appear it was "pulled on the spot" because of the OOS. Even if that's not the case, we need to know what the suspension was for so we can point you in the correct direction.
     
  6. dunchues

    dunchues Medium Load Member

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    Reading this reminded me of the smell you get parked next to a cow hauler.
     
  7. Bean Jr.

    Bean Jr. Road Train Member

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    Another 1 and done?
     
  8. FozzyNOK

    FozzyNOK Road Train Member

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    A never more perfect description has never been written! BRAVO!
     
    Bean Jr. Thanks this.
  9. Bigtrucker 5757

    Bigtrucker 5757 Bobtail Member

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    Well for a dirty ua for pre employment,but was told after 5 days waiting ,cuz of covid no results yet ,I took another job offer passed their ya and was driving up to 4 mos later I get caught in mo I'm on Clearinghouse never even knew
     
  10. Big Road Skateboard

    Big Road Skateboard Road Train Member

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    Dirty under arms???? That's the best decipher'n I gots.
     
  11. ZVar

    ZVar Road Train Member

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    Dirty urine analysis.
    While I guess one can get put in the Clearinghouse without knowing, it takes effort.
    The MRO doesn't just certify a bad result, they do their best to get ahold of the driver to get possible prescriptions that could cause a positive.
     
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