COMMERCIAL DRIVERS LICENSE (“CDL”)

CASE EXAMPLE

CDL Suspension Dismissed after administrative hearing

April 5, 2011

Suspension of a truck driver’s commercial drivers license -DISMISSED after an administrative license suspension hearing at the New Hampshire Department of Safety Bureau of Hearings

http://www.ByeByeDWI.com

Please note-this is an example of the result of a recent New Hampshire case. It is by no means a guarantee of any particular result in any other case.

BASIC FACTS: A commercial driver with a Commercial Drivers License (“CDL”) received a notice of the New Hampshire Department of Safety’s intention to suspend his CDL license under New Hampshire law RSA 259:98-a and federal law 49 C.F.R. 383:51.  The basis for the intended suspension was a report from an out of state DMV that the driver had been convicted of operating under the influence of liquor (“OUI”).

This driver hired Salem, New Hampshire defense lawyer Mark Stevens (telephone 1-603-893-0074) to represent him at the hearing at the Department of Safety.  Prior to the CDL hearing, Attorney Stevens obtained the driver’s driving history from the reporting state which revealed the court that reported the conviction.  Attorney Stevens then obtained certified court records from the reporting state that revealed the final disposition of the driver’s OUI charges.  While they were treated as an OUI conviction under the reporting state’s laws and practices, the driver had never actually been convicted of OUI or any other serious traffic violation as defined by both RSA 259:98-a (New Hampshire state law) and 49 C.F.R. 383:51 (the federal regulation that defines “serious traffic violations”).

HEARING PROCEDURE AND OUTCOME:    Attorney Stevens filed the out of state court documents and requested that the suspension be dismissed.  After reviewing the court documents the DMV hearings examiner agreed and dismissed this CDL suspension action.

The citizen’s right to drive commercial vehicles was preserved.

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

"But seek first the kingdom of God and His righteousness, and all these things shall be added to you.”

 

Matthew 6:33

 

 

 

 

 

 

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Information in this column should not be construed as legal advice and does not constitute an engagement of the Mark Stevens Law Office, nor any attorney associated with the Mark Stevens Law Office. The information contained herein is of a general nature and may not apply to any particular set of facts and circumstances. Please bear in mind that laws change frequently. We will make an effort to update the information on a regular basis, but are under no obligation to do so. No part of this document, nor any information contained in this website, may be disseminated without this paragraph. This may be considered legal advertising.

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