Arlington, TX CDL Violations
Arlington CDL Revocation, Suspension and Disqualification Procedures
Texas Commercial Driver Licenses are issued by the Texas Department of Public Safety, but only after extensive training and a lengthy application process. But, what DPS has the authority to give, it also has the authority to take it away. If the Department of Public Safety is trying to suspend or disqualify your CDL, you must get the representation of a Arlington attorney with the skill and experience to go head-to-head with Texas’ largest agency. Not only is the Texas Department of Public Safety the largest law enforcement agency in the State of Texas, but it has the authority to allow, revoke, suspend or disqualify anyone from driving in Texas, even those who don’t have a Texas driver's license.
There are 3 types of driving privilege removals for CDL drivers in Texas, but the procedure for all is the same. For a full discussion of the 3 types of CDL removals, click the link below.
For all licensed Texas drivers, including commercial drivers, all traffic violations, and breaches of traffic related laws, from anywhere in the country, are reported to the Texas Department of Public Safety. Depending on the violation, this could trigger a CDL Suspension or Disqualification. The law requires the department to mail you a letter notifying you of their action to suspend or disqualify your CDL. The letter is mailed to the last address that it has on file for you. From the date of the letter, you have 20 days within which to request a hearing of the matter. You may, and should, immediately request a hearing of the matter. Failure to request a hearing within 20 days from the date of that notice letter will result in a revocation, suspension or disqualification of your CDL. With your job on the line, don’t try this on your own. Call the Arlington lawyer with the experience and know how to timely and properly request your hearing and to lead you through the procedural maze to keep your CDL!
If you receive a suspension letter from DPS, your CDL will remain valid, but only if you timely request a hearing. Doing so “stays” the suspension until your case can be heard by one of the Justice of the Peace courts in the county of your residence. So, if you receive a letter from TxDPS informing you that they are attempting to revoke, suspend or disqualify your CDL, call Arlington attorney Todd E. Tkach to make sure your CDL and your job are not taken away.
If you timely request a hearing, the court assigned to hear your case will notify you of the date, time and location of your hearing. If you fail to appear for the hearing, your driving privileges will be suspensed. The Department of Public Safety will attend the hearing with one of its’ designated hearing representatives, who will present the Departments case against you to the judge. They know the law and the procedure; and you probably don’t. The case against you will include the petition, your driving record, and any records of the specific charges against you. After DPS presents its’ case against you in court, you will be given an opportunity to present evidence and make arguments. This is definitely where you need a Arlington professional attorney to defend you and to keep your CDL.
After all the evidence and arguments are concluded, the judge will make a decision, which will be one of two options: an “Affirmative” finding or a “Negative” finding. With a “Negative,” you won! With an “Affirmative”, you lost and you will lose your driving privileges. With a CDL Suspension or Disqualification, the judge CANNOT probate the loss of your driving privileges! The length of a suspension or disqualification depends on the underlying violations but could be 60 days, 120 days, one year, three years, or lifetime. If a Revocation is being sought by the Department, there is no time limit, since it can possibly be cured by the driver license holder. Loss of driving privileges, in the event of an Affirmative Finding, begins on the 11th day after the hearing. For a complete list of the violations causing revocations, suspensions and disqualifications, and the time periods, click the link below.
If you receive a DPS letter notifying you of a suspension or disqualification, or revocation of your CDL, don’t panic! A letter alone does NOT mean that DPS will win. It also does NOT necessarily mean that you can’t continue to drive commercially. Even if you did exactly what the Texas Department of Public Safety is accusing you of doing, you can still fight them in court and win! But you must act now. Doing nothing will all but guarantee a loss of your CDL. We take the fight to them. We have proven strategies that have resulted in victories of the overwhelming majority of the dozens of CDL Suspension cases that we have handled. You can fight and win with the help of a Arlington attorney with proven results. Call attorney Todd E. Tkach now to protect your CDL!
CDL Defense vs. CDL Violations
The Law Office of Todd E, Tkach, P.C. provides both CDL Defense as well as CDL Violations. Arlington CDL Defense will provide legal assistance in hearings for revocation, suspension or disqualification. If any of these actions are attempted, you will have a right to a hearing and we will represent you in that hearing to defend your CDL.
Our CDL Violation Practice will provide legal defense against any citation (ticket) for any violation. One of the ways to not face a revocation, suspension or disqualification action is to vigorously defend any citation you receive. Convictions of CDL traffic violations will quickly put a CDL holder’s driving privileges and employment at risk. Entering the wrong plea in court to a CDL violation can result in a suspension and termination from employment.
With so much on the line for CDL Defense and CDL Violations, why take the risk? Hire a CDL violation lawyer who has the experience, knowledge and skills to protect your very valuable CDL.
Federal and State laws forbid Texas courts from offering CDL holders any plea agreement to avoid a conviction. Under these conditions, success would seem impossible. But, a well-qualified CDL defense and violation attorney can give you a fighting chance. There are options. Our experience and knowledge of the law put us in an advantageous position to achieve our goal with your case; dismissal or no effect on your CDL record! We’ve handled thousands of CDL traffic citations; the majority of which resulted in dismissals and/or no adverse effect to our clients’ CDL driving records.
Revocation, Suspension and Disqualification Actions Are Brought By the State of Texas and Adjusticated in County Courts
Any revocation, suspension and disqualification action against your license will be brought by the State of Texas and adjudicated in county courts. While the underlying CDL Violation(s) may have triggered the licensing action may have originated in any jurisdiction (State, County or Municipal), the license action on your CDL will be brought by the State of Texas through the TxDOT and any resulting hearings, assuming you request one as is your right and as we strongly recommend, will be conducted at the local level.
When you are notified by TxDOT of the potential revocation, suspension and disqualification actions, you have a limited time to request a hearing to fight the action. We strongly recommend that you engage an experienced CDL Defense Attorney promptly so you can that maximum advantage of your rights in a hearing. More details are provided below. If you have questions, please don't hesitate to call us.
Differences Between Suspended, Revoked and Disqualified CDL
To properly defend against a TxDPS attempt to disqualify a CDL, it’s important to understand the differences between suspension, revocation and disqualification. Suspension and disqualification are for a defined time period, which ranges from 60 days to a lifetime. You can reinstate your CDL, but only after the suspension or disqualification period has expired. With a revocation, there is no defined time period. Once revoked, a CDL remains revoked until the problem causing the revocation is cured. But, if you cannot cure the problem, the revocation is indefinite. For a complete discussion of the differences between suspensions, revocations, and disqualifications, click the link below.
Violations that cause CDL Disqualifications
A CDL license can be disqualified for violations of individual traffic laws and/or criminal laws, or a combination of them. Generally speaking, removals of driving privileges occur when CDL drivers are convicted of certain traffic violations. Some individual violations can cause immediate disqualifications of driving privileges, while others require a combination of violations to trigger state action to remove driving privileges. The most common reason for disqualification of CDL driving privileges is for receiving convictions for two “Serious Violations" within a 3-year period. The term “Serious Violation” is defined in the Texas Transportation Code, which includes speeding 15 mph over the limit and disregarding a traffic control device. For a complete discussion of the violations that can cause disqualification of your CDL, click the link below.
Procedure for CDL Disqualification
By law, before the TxDPS can disqualify your CDL, they must mail you a letter informing you of their legal action. You may, and should, immediately request a hearing of the matter, which must be done within 20 days of the date of the letter. Failure to timely request a hearing will result in a disqualification of your CDL. Timely requesting a hearing “stays,” or stops the disqualification until the matter is heard by the court.
Your case will be assigned to one of the Justice of the Peace Courts in the county of your residence, and you will be notified of the date, time, and location of the hearing. Failing to appear for the hearing will result in a loss of your driving privileges. At the hearing, you will be given an opportunity to present evidence and make arguments. The Texas Transportation Code sets forth the possible disqualification periods, - 60 days, 120 days, one year, three years, or lifetime. If you lose disqualifications begin on the 11th day after the hearing. For a complete discussion of the legal procedure, click the link below.
You can fight and win after receiving a TxDPS disqualification letter
The TxDPS letter you receive, notifying you of the State’s legal action to remove your driving privileges, will inform you of what they claim you did to justify the disqualification of your CDL. Even if you did exactly what TxDPS says you did, you can still fight your disqualification in court … and you can win! After receiving a TxDPS disqualification letter, don’t sit back and do nothing. That will guarantee a disqualification. Take positive action. Your first order of business should be to call us to successfully defend you against these charges. We take the fight to them, using every possible avenue to stop the disqualification, including challenges to jurisdiction, procedure, evidence, and the substantive law. Our strategies have proven successful in the overwhelming majority of our cases. Let us put those strategies to work for you!
Don’t Let Them Take Away Your Livelihood!
CDL drivers have spent a lot of time and money to obtain their CDL. The testing requirements are important, considering the size and weight of the vehicles you’re allowed to drive and the care required to maintain the safety of other drivers and the viability of the wide variety of cargo. It’s a long road - the training and testing are difficult, but the benefits are great, especially in Texas, which pays 34 percent higher than the national average. A disqualified CDL could be devastating. With so much on the line, you need the advocacy skills of a qualified and experienced legal professional. With years of experience and a stunning success rate, attorney, Todd E. Tkach is the answer. Call us now for your free consultation.
If my CDL is disqualified, can I still continue to drive?
During times of disqualification, CDL holders can apply for an Occupational Driver's License, which is a temporary and restricted driver's license. This type of driver's license is available to CDL and non-CDL drivers. But, the name is a bit misleading. Although CDL holders can obtain an Occupational Driver License, it does not allow them to drive for pay, but rather, only for non-commercial purposes. So, it is not a replacement for a CDL, but it does allow you to legally drive for personal or household reasons.
Hire the Law Office of Todd E. Tkach, P.C. to protect your CDL and your livelihood. Our attorneys are well qualified and vastly experienced with CDL holders accused of all types of traffic violations and for the disqualification hearings resulting therefrom. We have handled hundreds of thousands of CDL traffic citations, and hundreds of disqualification hearings. We will accurately evaluate your case to effectively fight for a dismissal of the attempted disqualification. We attack every aspect of the charge, including the evidence, the procedural rules and the applicable substantive law. We have won many cases when our clients did exactly what they were accused of. Take positive action and call us today! Don’t forget – time is of the essence! If you receive a disqualification notice letter from TxDPS, call us immediately to talk with one of our attorneys.
CDL Revocation, Suspension or Disqualification
In addition to defending you for your CDL violations, we can also defend your CDL itself in any revocation, suspension or disqualification action almost anywhere in the State of Texas. For further information, see Our CDL Defense Practice.
Don't try and fight your CDL violation alone!
It can cost you extra money, will take you off the road and result in a conviction on your record. Get the help of an experience CDL attorney.
Other Arlington CDL Violation Pages
- Attorney Help for an Arlington CDL Disqualification
- Attorney Help for an Arlington CDL Revocation
- Attorney Help for an Arlington CDL Suspension
- CDL Violations Within Jurisdiction of Arlington
- Don’t Let an Arlington CDL Disqualification Take Away Your Livelihood
- Don’t Let an Arlington CDL Revocation Take Away Your Livelihood
- Don’t Let an Arlington CDL Suspension Take Away Your Livelihood
- The Effect of an Arlington CDL Disqualification on Insurance and Future Employment
- The Effect of an Arlington CDL Revocation on Insurance and Future Employment
- The Effect of an Arlington CDL Suspension on Insurance and Future Employment
- Experienced Arlington CDL Ticket Lawyer
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The penalties for CDL violation are tough in the State of Texas. You need experienced representation to protect your license.