When can you appeal a suspended commercial driver's license?

Question

When can you appeal a suspended commercial driver's license?

Answer

CDL laws have become increasingly strict. Commercial drivers are provided little room for error, and depending on the type of violation, a single offense may result in suspension of a driver's CDL. In most cases, when this happens, it creates serious hardship since most drivers depend on their jobs for their livelihood. This is why it is important for drivers to take the necessary steps to protect their driving privileges, which may include appealing unfair convictions.

A commercial driver can generally appeal anytime he believes that he was treated unfairly or improperly. One example of improper treatment that commercial drivers have been faced with is having their CDLs suspended in alleged compliance with a federal law that requires suspension when a person commits two major traffic offenses within three years. In some cases, it has been found that calculation errors were made and the first offense is actually more than three years old, which means there are no grounds for the suspension. Appealing can correct this mistake.

Another reason for appealing a CDL suspension is improper handling during a traffic stop or DUI arrest. Police officers are required to adhere to certain procedures, and depending on the circumstances, they may be required to make certain disclosures to drivers. When officers fail to adhere to these requirements, it may be improper for action to be taken against the driver. Since most commercial drivers lack legal experience, they may not become aware of these issues until after their CDLs are suspended, leaving an appeal as the only means to remedy the situation.

Successfully appealing a CDL suspension is not easy, but it is possible. However, it is very rare to find an individual who accomplishes this task without legal assistance. If your CDL has been suspended and you believe the decision is unfair or improper, you should take steps to protect your livelihood by scheduling a consultation with a traffic attorney.

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