Marlin, TX Traffic Tickets
The Effect of a Marlin CDL Suspension on Insurance and Future Employment
Maintaining a valid CDL is critical to all CDL drivers. Your CDL is your livelihood. Without it, you cannot drive for hire. Additionally, having a suspension or disqualification of a CDL on your record can dramatically affect your insurability and, therefore, your future employment.
All CDL drivers know that it is very bad to get convictions of traffic citations. Even worse is a suspension, revocation, or disqualification of your CDL. Not only because you are temporarily out of work, but finding another commercial driving job may become very difficult. Why, you might ask? The simple reason is: Money! Commercial drivers are heavily regulated due to the size of the vehicles they drive and sometimes for the hazardous nature of their cargo. Accidents with large vehicles or dangerous cargo can cause a lot of damage and seriously injure or kill people. Trucking insurance companies are reluctant to insure a driver who has a lot of traffic violation convictions or who has a suspension, revocation or disqualification of a CDL due to traffic violations. If they choose to insure them at all, the insurance premium payments will be much higher. So, it makes sense that when applying for a job as a commercial truck driver, an employer may choose not to employ someone who has a bad driving history or a suspension. Afterall, the insurance will cost them significantly more to employ such a driver.
Avoiding a suspension, revocation, or disqualification of your CDL is critical to your current and future employment. The good news is that you do not have to just accept the State’s action to remove your CDL. Suspending, revoking, or disqualifying a CDL is a legal proceeding and you are entitled to due process. A qualified attorney may be able to assert numerous defenses, both procedurally and substantively.
The first step to fight a CDL suspension, revocation, or disqualification is the most important. The Texas Department of Public Safety (“TxDPS”) must send you a letter notifying you that it is pursuing a removal of your CDL. You only have 20 days from the date of the letter in which to request a hearing. Failure to timely request a hearing will result in a loss of your CDL. So, you must act fast.
The attorneys with the Law Office of Todd E. Tkach, P.C., can stop the TxDPS 20-day deadline by immediately requesting a hearing on your behalf. After that we analyze your case to develop defenses to stop the suspension of your CDL. Our overall strategy is simple, but the details can be rather complex. With our decades of experience and knowledge of the law, we have developed sound techniques and proven strategies resulting in an amazing record of success.
If you are faced with a suspension, revocation or disqualification of your CDL, don’t wait! Call us immediately!
Differences Between Suspended, Revoked and Disqualified CDL
To properly defend against a TxDPS attempt to suspend or revoke 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 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 Suspensions, Revocations and Disqualifications
A CDL license can be suspended, revoked, or 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 or suspensions 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 2 “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 suspension, revocation, or disqualification of your CDL, click the link below.
Procedure for CDL Suspension, Revocation and Disqualification
By law, before the TxDPS can suspend, revoke or 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 suspension, revocation or disqualification of your CDL. Timely requesting a hearing “stays,” or stops the suspension or revocation 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 suspension periods, - 60 days, 120 days, one year, three years, or lifetime. If you lose, suspensions, revocations, and 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 suspension 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 suspension of your CDL. Even if you did exactly what TxDPS says you did, you can still fight your suspension or revocation in court … and you can win! After receiving a TxDPS suspension letter, don’t sit back and do nothing. That will guarantee a suspension. 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 suspension, 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 suspended, revoked or 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 revoked, suspended or disqualified, can I still continue to drive?
During times of suspension, revocation or disqualification, CDL holders can apply for an Occupational Driver License, which is a temporary and restricted driver license. This type of driver 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 suspension, revocation and disqualification hearings resulting therefrom. We have handled hundreds of thousands of CDL traffic citations, and hundreds of suspension hearings. We will accurately evaluate your case to effectively fight for a dismissal of the attempted suspension or revocation. 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 revocation, suspension or disqualification notice letter from TxDPS, call us immediately to talk with one of our attorneys.
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