This document discusses, among other topics: CDL basics from the Commercial Motor Vehicle Safety Act; Driving Under the Influence of an intoxicant (driving while impaired); licensing requirements; driver responsibilities; considerations in charging certain offenses; distinguishes “convictions” and ”masking,” and the manner in which convictions are reported. The true importance of this document, though, is to alert the commercial truck driver to the fact that these laws can be complicated.
For instance, for the purposes of the laws governing commercial motor vehicle licenses, a “conviction” may occur even if a case is dismissed if the driver is required to pay the court costs. Accordingly, the definition of certain terms may be much broader then what is typically used in criminal justice systems. Moreover, masking, deferring imposition of a judgment, or allowing the driver to enter into a diversion program that would prevent a conviction for any violation, in any type of motor vehicle (even a personal vehicle), of most traffic control laws from appearing on the drivers record is prohibited for CDL holders.
Accordingly, if your CDL license is important to you, it is critical to hire a knowledgeable lawyer in your jurisdiction to properly defend you. Once the court has made its decision, it will likely be too late to change it.
About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,500 DUI defendants. Among the many honors bestowed upon him, Steve served as Dean of the National College for DUI Defense, Inc. (NCDD) and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee. Steve was the first lawyer in Tennessee to be Board Certified as a DUI Defense Specialist by the NCDD.
He is the author of DUI: The Crime & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor of the national treatise, Drunk Driving Defense, 8th edition (Wolters Kluwer/Aspen). Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions. He is a popular international speaker, having spoken at legal seminars in over 30 states, the District of Columbia and three foreign countries.
If you would like to contact the author, please visit: http://www.tndui.com
