CDL Defense Details
Texas Point System and CDL Revocation, Suspension or Disqualification
It seems there has always been a lot of confusion about the Texas Point System and how it affected suspensions of Commercial Driver Licenses. The truth is that the number of “Points” a CDL driver accumulated has never had any effect on whether that driver’s CDL can or will be suspended or disqualified. I know that’s hard to believe, but the Texas Point System was ONLY a way for the State of Texas to access and collect “Surcharges.” Convictions for certain violations meant that you received “points.” The more points you had, the more money you owed in surcharges. There has never been any Texas law mandating a driver license suspension for accumulating too many Points. However, accumulating a lot of Points meant that you were being convicted of traffic citations. It was the convictions of traffic citations that caused the suspensions, NOT the Points. But, in the end, it doesn’t matter, because the Texas Point System was abolished on September 1, 2019. So, as of that date, there is no longer a Texas Point System or surcharges. Even when the Texas Point System was in effect, it had nothing to do with commercial driver license suspensions.
Whether a CDL gets suspended or disqualified remains a function of the number and types of traffic violations of which a CDL holder is convicted. The Texas Transportation Code provides for suspension and disqualification periods ranging from 60 days to lifetime. Whether a suspension or disqualification of a CDL is appropriate, and the length of the suspension depends on the violation and/or a combination of violations.
If the Texas Department of Public Safety (“TxDPS”) is trying to revoke, suspend or disqualify your CDL, you have options. Suspending or disqualifying a CDL is a legal proceeding, during which you may assert procedural and substantive defenses. You CAN have your day in court, and with qualified legal counsel, you can WIN! To start the suspension process, TxDPS must send you a letter notifying you that it is pursuing a suspension 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.
With over 29 years of experience, the attorneys with the Law Office of Todd E. Tkach, P.C., have developed successful strategies to win CDL revocation, suspension and disqualification hearings. Our overall strategy is simple, but the details can be rather complex. Our strategy is multi-faceted, including an analysis of the procedural and substantive laws, common law and the evidence TxDPS has against you. 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.
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.
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 the pages linked below.
For information about defending your CDL Violations, also see Our CDL Violations Practice.