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Fighting Criminal Accusations Against a CDL Holder in Ohio

An estimated four to six million Commercial Driver License (CDL) holders actively work in the transportation industry in the United States. Because CDL holders operate oversized trucks, transport hazardous materials, or transport passengers, the CDL holder is held to a higher standard of behavior. After a criminal accusation is made, judges and prosecutors often seek to impose more serious consequences on a CDL holder such as a disqualification of the CDL.

Criminal and traffic cases involving a Commercial Motor Vehicle (CMV) or CDL holder are common. In fact, recent statistics show that large trucks and buses are involved in almost ten percent of all traffic crash fatalities. It is also important to remember that even some non-traffic related criminal accusations in Ohio made against a CDL Holder can trigger a disqualification of the commercial driver’s license. Finding a criminal defense attorney experienced with CDL cases is important when protecting your good name and ability to continue in your chosen profession.

Ohio Defense Attorney for CDL Holders in Columbus Near You

Ohio law contains several mandatory commercial driver’s license (CDL) disqualification rules which often come up during the prosecution of felony offenses, especially for the holder of a commercial driver’s license or a person driving a commercial motor vehicle. Police officers will often show the defendant’s CDL status on an arrest report or citation. If the prosecutor or judge seeks to impose any penalty that might trigger a CDL disqualification, your criminal defense attorney needs to have a good understanding of the laws in this area and know how to aggressively fight to avoid those consequences.

The attorneys here at the Joslyn Law Firm will fight to avoid any mandated sanctions that the prosecutor might seek to impose on a CDL holders who is accused of using a motor vehicle during the commission of a felony or certain types of misdemeanor offenses related to the consumption of drugs or alcohol. Our traffic attorneys in Columbus, Ohio, are experienced fighting cases involving the possibility of a mandatory license revocation or suspension. We are also familiar with the additional sanctions and sentencing restrictions that can be imposed on a defendant who holds a commercial driver’s license in Ohio. Our attorneys can help you contest an allegation that triggers a CDL disqualification but you have 30 days to demand a Ohio BMV administrative hearing to contest the action.

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Ohio CDL requirements

To get your Class A commercial driver’s license in Ohio there are a number of requirements you must meet, these include:

• You must be at least 18 years old or 21 years old for interstate travel
• You must possess a valid driver’s license
• You must obtain an Ohio Commercial Learner’s Permit (CLP) at least 14 days before taking the CDL exam
• You must pass 3 separate tests; a knowledge test, a skills test, and a road test
• You must provide a valid medical certificate
• You must complete Entry-Level Driver Training

Applicants must pass a knowledge test, a skills test, and a road test. The knowledge test will cover various topics related to safe driving, including traffic laws, signs, and markings. The skills test looks at the applicant’s ability to control the vehicle and perform various maneuvers, and the road test is conducted on a public highway and ensure the applicant is able to safely operate the vehicle in traffic.

Can You Get a CDL with a Felony in Ohio?

Although there are a number of requirements to get your CDL in Ohio having a clean criminal record is not one of them. It is possible to get your CDL in Ohio with a felony on your record, depending on the circumstances of the felony conviction. Trucking companies perform rigorous background checks when hiring and a felony conviction will be considered a red flag, although it does not necessarily discredit you completely. It is important to note that there are some felonies that will prohibit you from qualifying for a CDL including:

• utilizing a commercial vehicle while committing a felony
• kidnapping
• manslaughter in the first or second degree involving a motor vehicle
• illegal handling of a motor vehicle
• inducing a fatality as a result of careless or reckless vehicle handling
• managing a vehicle with a blood alcohol content of 0.08% or higher
• attack with a purpose to murder
• smuggling, and many others

If you do have a felony conviction on your record but it is not related to any of the above then you should still be eligible for your CDL, however it is worth it to speak with legal counsel for further advice about how to procced, and typically if you do want to go down the road of becoming a truck driver with a felony it is helpful to show that you are a different person and have learned from your past mistakes. This can be done by completing suggested rehabilitation or possibly seeking a pardon or expungement.

What Are CDL Disqualifications in Ohio?

Ohio has adopted many of the additional sanctions required for the state by Title 49 of the Code of Federal Regulations, promulgated by the Federal Motor Carrier Safety Administration (FMCSA). The failure to comply with FMCSA commercial motor vehicle operator licensing and oversight regulations can result in the loss of highway funding. In Ohio, the state law has referenced the entirety of 49 CFR §383 and 49 CFR §384 or codified its provisions into statutory language.

Under Ohio law, the privilege to operate a CDL vehicle is disqualified when the driver is convicted of certain violations in either a commercial motor vehicle or a non-commercial private passenger vehicle. During the disqualification, no CDL driving privileges are permitted at all. In Ohio, the length of the disqualification length is based on the offense and it can last from 60 days to life. The State of Ohio has codified FMCSA promulgated regulatory language through OH. Rev. Code Ann. § 4506.15 which adopts language substantially similar to 49 CFR §383.51. These provisions mandate the disqualification of a CDL for specified periods of time depending on the underlying offense that triggers the disqualification. For many of these offenses, Ohio goes further than the mandatory disqualifications required under federal law and actually criminalizes the violation as a first-degree misdemeanor.

Types of CDL Disqualifications in Ohio

A CDL disqualification can be triggered for different reasons including:

• Refusing to submit a blood alcohol concentration (BAC) test;
• Driving under the influence of alcohol (DUI);
• Convictions for multiple serious traffic offenses;
• Felonies committed by using a vehicle; or
• Violating out-of-service orders.

How Long Do CDL Disqualifications Last?

The length of the commercial driver’s license disqualification depends on the offense and the driver’s prior record.

The disqualification is for one year for the following:

• DUI / DWI of drugs or alcohol;
• refusing to submit to a lawfully requested BAC test;
• certain types of drug-related offenses;
• leaving the scene of a crash (“hit and run”);
• using a motor vehicle during the commission of a felony.

A three-year disqualification of the CDL license can occur for the following offenses:

• a first violation of any major offense while transporting hazardous materials.

If a CDL holder faces a second violation of a major offense the DMV will then request a lifetime disqualification of their CDL license.

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CDL Holders with Serious Traffic Violations within 3 Years

Under O.R.C. 4506.16(D)(5), a 60 days disqualification will be imposed for multiple serious traffic violations within 3 years, including:

• Speeding 15 mph or more over the speed limit;
• Reckless driving;
• Improper lane change
• Following too closely;
• Traffic control device violation resulting in a fatal accident;
• Driving a CMV without a CDL in your possession;
• Texting while driving;
• Driving without the necessary endorsements; and
• Railroad highway grade crossing violations.

Under O.R.C. 4506.16(D)(6), if you are convicted of any of the above offenses three times within a 3-year period, your CDL will be suspended for 120 days. Violating out-of-service orders can result in a disqualification for 180 days to three years. The driver’s CDL can be disqualified if a citation is issued for having a BAC of 0.04% or higher while driving a commercial motor vehicle. If any amount of alcohol is detected in your system, you can be placed out of service for 24 hours.

Disqualification of a CDL for Certain Offenses

Ohio law and 49 CFR §383 require the disqualification of a driver’s CDL if the driver commits certain offenses. The minimum length of disqualification for each offense is specified with the statutory scheme. The length of the mandatory disqualification period can be increased for subsequent convictions. The statutory scheme distinguishes between major offenses and serious offenses. A period of disqualification is required for multiple convictions for serious offenses within a specified period of time. For a major offense conviction, the law requires an automatic disqualification of the driver Commercial Driver’s License. A first conviction for a major offense conviction results in a one-year CDL disqualification include:

• O.R.C. 4506.15(A)(5) DUI (regardless of whether it occurs in a personal and non-commercial vehicle);
• O.R.C. 4506.15(A)(2) BAC of .04% or more in a commercial vehicle
• O.R.C. 4506.15(A)(6) Using your commercial vehicle in commission of a felony
• O.R.C. 4506.15(A)(7) Refusing to submit to a lawfully requested blood, breath or urine test

Under 49 CFR §383.51 (2013), if a driver is transporting hazardous materials as defined in 49 CFR §383.5, the disqualification period is extended to three years for the first offense. A second or subsequent conviction for a major offense conviction results in a lifetime CDL disqualification.

• O.R.C. 4506.15(A)(2) BAC of .04% or more;
• O.R.C. 4506.15(A)(5) A second conviction for DUI/OVI;
• O.R.C. 4506.15(D) Leaving the scene of a traffic crash;
• O.R.C. 4506.15(E) Using the commercial vehicle in the commission of a felony;
• O.R.C. 4506.15(F) Refusing to submit to a lawfully requested blood, breath or urine test; or
• O.R.C. 4506.16(B)(4) the first time commission of a felony with a controlled substance.

You can also end up with a disqualification of your CDL if you are found to be Transporting Hazardous Materials Inside the I-270, law enforcement can charge you with a criminal complaint. You will also be issued a traffic ticket for disobeying a traffic control device, which adds 2 points to your license.

Can You Reinstate a CDL After a Lifetime Disqualification?

Under 49 CFR §383.51(a)(6) (2013), Federal law gives states the discretion to reinstate the CDL of a driver who has received a lifetime disqualification only after a ten (10) year period and “if that person has voluntarily entered and successfully completed an appropriate rehabilitation program approved by the State.” The language in this section does not define or explain the terms “rehabilitation program” or “voluntarily entered.”

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Non-Traffic Criminal Offenses that Trigger a CDL Disqualification in Ohio

It is not only traffic related offenses that can lead to a disqualification of a CDL, there are a variety of other crimes can be committed using a motor vehicle including theft, sexual offenses, and violent crimes. The courts will determine on a case by case basis whether the felony was committed using a motor vehicle and the criminal defense attorney will often attempt to negotiate a disposition that will avoid the reporting of the offense for purposes of triggering the CDL disqualification.

For this type of lifetime disqualification, it doesn’t matter whether the defendant was driving a person non-commercial vehicle or a CMV at the time of the offense. For non-driving related felonies committed while operating any type of motor vehicle, Ohio law contains two levels of CDL disqualifications. A lifetime CDL disqualification is triggered for life if a person is convicted of a first or subsequent crime involving “(u)sing the vehicle in the commission of a felony involving manufacturing distributing, or dispensing a controlled substance.” Most of these disqualifications involve the possession of controlled substances.

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Criminal Defense for the CDL Holder in Columbus, Ohio

Your criminal defense attorney must help you determine whether statutory or regulatory authority might trigger a disqualification of your CDL after an allegation that you committed a felony with a motor vehicle. The attorneys at Joslyn Law Firm are experienced in fighting traffic violations and crimes, including offenses involving allegations of alcohol and drug impaired driving cases. If you hold a commercial driver’s license, then contact an experienced criminal defense attorney after being arrested or charged with a crime. Call the attorneys at Joslyn Law Firm to discuss the facts of your case pending anywhere in Ohio.

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