In Florida, a brand new legal case just came out that concerns those who have a commercial driver’s license (“CDL”). CDL are driver’s licenses that are needed for many jobs. Commercial truck drivers, beer trucks and even some furniture movers need to have this license.
The big problem for these CDL carriers happens when they receive a traffic ticket. Speeding, careless driving or even lesser known tickets such as a wide turn brought major problems to these drivers. That is because with a CDL you are unable to receive a withhold of ajudication. Any ticket you receive is an automatic conviction if you are found guilty. A conviction mean points on your driver’s license and often automatic termination of your employment!
Unlike us non-commercial drivers, these drivers are unable to take a driving course in lieu of a conviction or have their traffic ticket attorney negotiate a no-conviction plea with the state.
This may all change now with a brand new court case that just came out. If it stands, CDL drivers will now be able to receive a “withhold” on their traffic tickets, saving them both their employment and their jobs.
The case, State v. Bandy, FLW SUPP 2207BAND, was published March 9, 2015. To summarize, the case says a CDL driver can get a withhold, if he enters a nolo plea. The Court says as follows:
“F.S. §318.14(9) prohibits a CDL driver from electing driving school. That enactment was well within the legislature’s province. Significantly, the legislature could have, but did not, amend F.S. §318.14(11), Florida Statutes, regarding CDL drivers and withholding ajudication. The legislature could have, but did not amend Chapter 318.14(11) to state, for example, that “withholding ajudication of guilt by the judge or official for a driver who holds a commercial driver’s license is prohibited, and the judge or official is required to ajudicate as guilty every case in which the CDL Defendant enters a plea of nolo contendre. The failure of the legislature to amend F.S. §318.14(11) to prohibit a judge or official from withholding ajudication is a CDL case, but enacting F.S. Sec. 318.14(9) to prohibit the CDL driver’s election of driving school to obtain a clerk’s withhold of ajudication, is an expression of the legislature’s intent to allow a withhold of ajudication for a CDL driver who enters a plea of nolo contendere for the court’s determination of the disposition of the case.”
Have you or a loved one been given a traffic ticket or arrested for a criminal offense? The call the Pinellas County traffic ticket defense attorneys at Blake & Dorsten, P.A. today! These former prosecutors are experienced trial attorneys.
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