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Commercial Motor Vehicle - Disqualification from Driving Commercial Motor Vehicle

Trans 522.081 applies to a violation committed while operating any motorl vehicle, including a commerical motor vehicle. A person who hold a commercial driver's license is diqualified from driving a commercial motorl vehicle for:

60 DAYS IF:

(a) Convicted fo 2 serious traffic violations that occur withint a 3 year period, or

(b) Convicted of 1 violation of a law that regulates the operation of a motor vehicle at a railroad-grade crossing

120 DAYS IF:

(a) Convicted of 3 serious traffic violations arising from separate incidents occuring within a 3 year period, or

(b) Convicted of 2 violations of a law that regulates the operation of a motor vehilce at a railroad-grade crossing that occur within a 3 year period.

1 YEAR IF:

(a) Convicted of 3 violations of law that regualtes the operation of a motor vehilce at a railroad-grade corssing that occur within a 3 year period;

(b) on FIRST CONVICTION of:

* DRIVING WHILE INTOXICATED or under a controlled substance, including intoxication assault

* leaving the scence of an accident invovling a motor vehicle driven by the person

* Using a motor vehicle in the commissin of a felony

* Causing the death of another person through the negligent or ciriminal operation of a motor vehicle, or

* Driving a commercial motor vehicle while the person's commercial driver's license is revoked, suspended, or canceled, or while the person is disqualified from driving a commerical motor vehicle

(c) Refuses to submit to a test under Trans 724 to determine the person's blood alcohol concentration or the presence in the person's body of a controlled substance or drug while operating a motor vehicle in a public place; or

(d) An analysis of the person's blood, breath, or urine determines that the person

* Had an alcohol concentration of .o4 or more, or that a controlled substance or drug was present in the person's body, while operating a commercial motor vehicle in a public place, or

* Had an alochol concentration of .08 or more while operating a motorl vehicle, other than a commercial motorl vehilce, in a public place.

3 YEARS IF:

(a) Previously convicted of an offense requiring a 1 years suspension and the vehicle being operated by the person was transporting a hazardous material requried to be placarded.

(b) refuses to submit to a test under Transp 724 to determine the person's blood alcohol concentration or the presence in the person's body of a controlled substance or drug while operating a motor vehicle in a public place and the vehicle being operated by the person was transporting a hazardous material required to be placarded.

(c) An analysis of the person's blood, breath, or urine determiens that while transporting a hazardouse material required to be placarded the person:

* While operating a commercial motor vehicle in a public place ahd an alcohol concentration of .04 or more, or a controlled substance or drug present in the person's body; or

* While operating a motor vehicle, other than a commercial motor vehicle, in a public place had an alcohol concentration of .08 or more.

LIFETIME, IF:

(a) Convicted 2 or more times of an offense requiring a 1 years suspension, or a combination of those offenses, arising from 2 or more separate incidents;

(b) The person uses a motor vehicle in the commission of a felony involving:

* The manufacture, distribution, or dispensing of a controlle dsubstance, or

* Possession with intent to manufacture, distributre, or dispense a controlled substance; or

(c) for any combination of 2 or more of the following, arising from 2 or more separate incidents:

(1) A conviction of the person for an offense requiring a 1 year suspension

(2) For refusing to submit to a test to detemrine the person's blood alcohol concentration or the presence in the person's body of a controlle dsubstance or drug while operating a motor vehicle in a public place, and

(3) An analysis of the person's blood, breath, or urine determiens that the person

* had an alcohol concentration of .04 or more, or that a controlled substance or drug was present in the person's body, while operating a commercial motor vehicle in a public place, or

* had an alcohol concentration of .08 or more while operating a motor vehicle, other than a commercial motor vehicle, in a public palce, or

(4) If the person uses a motor vehicle in the ocmmission of an offense under 8 USC 1324 that invovles the transportation, concealment, or harboring of an alien.

Serious Traffic Violation Means:

1) Excessive speeding, involving a single charge of driving 15 miles per hour or more above the posed speed limit,

2) reckless driving

3) a violation of a state or local law related to motor vehicle traffic control, including a law regulating the operation of vehicles on highways, arising in connection with a fatal accident

4) improper or erratic traffic-lane change,

5) following the vehicle ahead too closely,

Categories: Criminal Defense
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