In the United States of America, there are approximately 3.5 million professional truck driversactively working in the transportation industry. These drivers have the responsibility of operating large, oversized trucks, sometimes for long hours at a time. Because of this, CDL holders are required to abide by strict standards and guidelines.
CDL holders who are facing criminal charges and accusations need to be aware of the laws and guidelines that apply to them. Hiring a criminal defense lawyer is the best way to accomplish this. An experienced defense lawyer that is knowledgeable on Ohio CDL laws can help you navigate your criminal charges and keep your license in good standing.
Sabol Mallory LLC has everything you need to effectively fight your accusations and charges. If you are a CDL holder, the most important thing you can do for yourself is hiring a law firm that understands the criminal charges you are facing. Attorneys Dan Sabol and Chase Mallory have a proven track record of helping defendants dismiss or reduce their CDL-related charges. For more information on how we can assist you with your case, call us today at 614-300-5088 to schedule your free consultation with a member of our team.
● Causes of CDL Suspensions in Ohio
● CDL Suspension Appeal and Reinstatement
● Additional Resources for CDL Holders in Columbus, Ohio
In the state of Ohio, the privilege to operate a commercial motor vehicle can be taken away if a driver is convicted of certain criminal offenses. Suspensions can be as short as 60 days, but in serious cases, individuals may face permanent CDL disqualification. There are many reasons why a CDL holder may have their license suspended. According to Section 4506.15 of the Ohio Revised Code, some of the possible causes of suspension are:
● Operating a vehicle under the influence of alcohol (OVI)
● Refusing to submit to a BAC (blood alcohol concentration) test
According to the same section of the Ohio Revised Code, there are many other, non-OVI related offenses that can cause an individual to have their commercial driver’s license suspended or permanently disqualified. Some of these offenses include:
● Operating a commercial motor vehicle with a suspended or disqualified commercial driver’s license
● Leaving the scene of an auto accident (hit-and-run)
● Using a commercial motor vehicle to commit a felony offense
Committing multiple serious traffic offenses can also lead to a CDL suspension. Traffic violations such as reckless driving, speeding 15 MPH over the speed limit, texting while driving, improper lane change, and driving a commercial without a valid CDL can all lead to a disqualification of a commercial driver’s license. According to ORC section 4506.16, if an individual is convicted of three serious traffic offenses within a 3-year time span, they will subject to a 120-day CDL disqualification.
Individuals who believe they have received a wrongful CDL suspension have the right to appeal their disqualification. If you have been convicted of a crime that has caused your commercial license to be suspended, you have 30 days from receipt of your suspension notice to request an administrative hearing with the BMV (Bureau of Motor Vehicles). Individuals who fail to request an administrative hearing within these 30 days will forfeit their right to a suspension appeal.
If the court approves your request for an administrative hearing, your suspension will be paused until your hearing is complete and a decision has been reached. During this time, it is extremely important to work with a criminal defense attorney. When you arrive at your hearing, you will have to provide the court with relevant and quality reasons why your CDL should not be suspended. Hiring a criminal defense lawyer can help you figure out your defense and present it in the best way possible.
Individuals who have received lifetime CDL disqualifications may be able to overturn their ban, but not immediately. According to Section 383.51 of the Code of Federal Regulations, states have the right to reinstate a commercial driver’s license of a driver that has received a lifetime ban over ten years ago. To be eligible for reinstatement, the drive must have also voluntarily entered and successfully completed a rehabilitation program approved by the state.
Resources for CDL Holders in Columbus, Ohio
Commercial Driver’s License Suspension in Ohio - This link takes you to the official website of the Ohio Bureau of Motor Vehicles. Here, you can learn more about the types of CDL disqualifications, appeals for disqualifications, and reinstatement requirements.
CDL Chart: Ohio - This link takes you to the official website of the Ohio Department of Education. Here, you can find more information regarding the requirements for holding a commercial driver’s license.
CDL holders may find themselves in deep trouble if criminal charges are filed against them. Even if the charge is not related to driving, commercial drivers can have their commercial driver’s license suspended or permanently disqualified if they are found guilty of certain offenses. Hiring a criminal defense attorney is extremely important; the laws surrounding CDL suspension can be confusing at times, which means that expert legal counsel is required if individuals are hoping to defend themselves in a court of law. CDL holders in Columbus, Ohio must equip themselves with legal counsel once they are made aware of their criminal charges or accusations. Failure to do so can cause them to lose not only their driver’s license but their career.
Our law firm has experience working closely with CDL holders dealing with criminal charges and accusations. Our legal experts have a strong understanding of the laws surrounding CDL suspension and disqualification, and we understand how important it is to help commercial drivers when their livelihood is in jeopardy. Our goal is to help commercial drivers retain their licenses and continue operating commercial motor vehicles for a living.
Serving Delaware County, Madison County, Fairfield County, Pickard County, and other surrounding communities of Columbus, Ohio, Sabol Mallory has the experience and ability you will need if you are trying to defend yourself against criminal charges that may put your commercial driver’s license in jeopardy. Call us at 614-300-5088 for more information on how we can help.