Back in 2012 my cousin ran off the road in his pickup truck about a mile from his house. He called his son to come and get him, and they went back to the house to get the tractor to pull him out. No damage other than the pickup truck, he just ran into a ditch. When he gets back to the truck somebody has called the police and he is arrested for leaving the scene of a accident. He goes to court, the judge sees he just left to go get the tractor and throws it out.
Fast forward to 2022, and he gets a letter in the mail from Homeland Security that his CDL has been revoked for the leaving the scene charge back in 2012.
something doesn’t smell right here, and I can’t figure out how they can go back 10 years and revoke his CDL for a charge he wasn’t even convicted of. He’s going to talk to a lawyer but asked me if there was something else he could do. I’m at a loss as to how to help him.
Discussion in 'Trucker Legal Advice' started by m16ty, Apr 25, 2022.
Magoo1968, jamespmack and Rubber duck kw Thank this.
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buddyd157 Road Train Member
- May 25, 2017
seek an attorney on this.
Unfortunately this is going to be a long process of being on the phone with the DMV and the district court. What happens is, even though a charge is dismissed, it's not wiped off the individuals driving record. This happens with criminal and traffic stuff. When I was in LE I'd see it all the time, I'd cite someone for driving without insurance, then a few weeks later at the hearing they'd provide valid insurance credentials and I'd withdraw the charge. All was well, until the magistrates office didn't tell the DOT the charge was dismissed. 30 days later the person was calling my PD wondering why their license was suspended.
I have no idea why the DHS would all of a sudden bring up a dismissed charge from 10 years ago. Does he have hazmat or twic?Bean Jr., D.Tibbitt and gentleroger Thank this.
Grumppy Trucker Forum STAFF Staff Member
- Dec 11, 2010
Just have him to go back to the attorney that went to court with him in 2012 and got the case dismissed. He should be able to handle this pretty quick.Bean Jr. and Rubber duck kw Thank this.
Val_Caldera Road Train Member
Nothing mentions such in this thread!
homeland stupidity is in charge of 10 year old Vehicular Accidents?
Val_Caldera and Bean Jr. Thank this.
Leaving the scene is almost never charged unless there is an injury or major property damage .
He’s gonna need an attorney to contact the jurisdiction that charges him with it and demand they follow up and make it go away off his record .