One year disqualification help

Should the OP continue with getting his CDL after his year suspension a 2nd will be a lifetime suspension. Which they equate to 10 years

 

I will repeat it. Those table 1 offences are nothing to take lightly as a trucker. It is also important to remember you can lose that CDL for table 1 offences while in your personal vehicle. Now, this does not mean you have lost your driver's license because of a CDL action. If a court does not suspend your driving privileges, you can still drive a personal vehicle. Get caught operating a CDL-requiring vehicle, though the fines can be expensive.

 

Here’s the deal your disqualification is on hold for now that stay means the suspension is paused until your appeal gets sorted so you’re good to head to CDL school and keep moving

Since your OVI got knocked down to a physical control which is not the same kind of trouble those companies and the school are cool with it you’re not riding with an OVI on your record anymore

But don’t get too comfortable if your appeal doesn’t go your way that disqualification could come back up like a busted tire Keep checking in with the BMV and keep your eyes on what’s coming

For now you have the green light just watch the road till everything is settled

 

100 percent bad info

 

Look, I get why you say it’s bad info, but here’s what’s really going on. When the BMV says the disqualification is stayed, it means the suspension is paused while the appeal is happening. That usually lets me keep moving forward like going to CDL school and talking to companies.

But I know some places don’t see it that way. They treat the disqualification like it’s still in effect until everything is settled for good. That’s why you might say it’s 100 percent bad info. It’s just different ways of looking at the same thing.

I’m not trying to cut corners. I’m just trying to do this the right way based on what the BMV told me. If I get a clear written yes or no from them, I’ll follow it. Until then, I’m playing it smart but trying to keep my options open.

Makes sense?

 

Commercial Driver's License Monographs - National District Attorneys Association


what your hunting is in here

 

No you’re wrong 100 percent. There is always a hearing on suspension. ALWAYS.

Because the OP was in possession of a CLP he falls under the CDL rules and even though he plead guilty to another charge the clerks office is still duty bound to report to original charge to the office of driver control for his state under federal masking laws. That is gonna suspend his eligibility for CDL for 1 year. Had he already had his CDL he would have to retest starting all over. It also will mean if he does move forward with a CDL in the future a second offense lands him a life time disqualification


There is no hiding this #### anymore

 

I get where you’re coming from about the hearing always being part of the process. That is standard under state and federal rules.

What I’m working with is what the BMV told me the disqualification is stayed while the appeal is pending meaning the suspension is on hold for now. This is supported by how some states handle administrative stays which pause enforcement until final decisions.

Under federal law specifically 49 CFR section 383.51 any alcohol-related CDL offense triggers mandatory disqualification periods. The state driver control office must report the original charge to FMCSA regardless of plea deals which is why the one-year disqualification applies even if the charge is reduced.

But that stay means I’m not barred from going to CDL school or applying while the appeal is open. If I already had my CDL then yes I’d have to retest and face the full penalties if the suspension is upheld.

The lifetime disqualification for a second offense is spelled out clearly in FMCSA rules too so I’m very aware of the stakes.

 

So read that again and tell me what makes you think you won’t retest after going to school?


Waste the cost of the permit or the cost of the school

Suspension is gonna be based off the original charge period. Since it clearly states regardless of plea deals in what world does he keep that CDL

 

It seems you refuse to understand that charge/conviction/deal makes you a big red flag to insurance companies that insure trucking companies. Also, there are too many drivers in the industry so companies can be more picky about who they hire. Why you insist on forcing yourself into an industry that is unlikely to hire you is confusing. Are you spending your money for CDL school or does the money belong to someone else? Some problems don't go away just by refusing to take no for an answer.