By Law Offices | Felicia Yates & Associates
In California, a Class "A" license holder - and for that matter - Class "B" license holders, may be at risk of permanently losing their driving privileges IF they have been convicted of more than one violation of specific types of crimes.
Class "A" license holders are professionally trained drivers who would normally operate large, and very heavy, commercial motor vehicles (tractor-trailers, tanker trucks, flatbeds, etc.) as a part of their professional driving career. A Class "A" CDL license entitles a person to operate a combination of vehicles with a gross vehicle weight rating (GVWR) of 26,001 pounds or more, and to haul a trailer that weighs 10,000 pounds or more. This results in them being held to a much higher standard (much like a medical doctor would be in their professional capacity) then a Class "C" license holder who only operates a private motor vehicle for personal use.
California Vehicle Code Section 15302 is the body of law that determines what driving offenses may disqualify a California Class "A" license holder from operating a commercial motor vehicle for the rest of his or her life. The following are the California Code violations which could trigger such an outcome:
1) Subdivision (a), (b), or (c) of Section 23152 while operating a motor vehicle (DUI Violation);
2) Subdivision (d) of Section 23152 (DUI Violation);
3) Subdivision (a) or (b) of Section 23153 while operating a motor vehicle (DUI Violation);
4) Subdivision (d) of Section 23153 (DUI Violation);
5) Leaving the scene of an accident involving a motor vehicle operated by the driver (Hit & Run Violation);
6) Using a motor vehicle to commit a felony, other than a felony described in Section 15304;
7) Driving a commercial motor vehicle when the driver’s commercial driver’s license is revoked, suspended, or canceled based on the driver’s operation of a commercial motor vehicle or when the driver is disqualified from operating a commercial motor vehicle based on the driver’s operation of a commercial motor vehicle;
8) Causing a fatality involving conduct defined pursuant to Section 191.5 of the Penal Code or in subdivision (c) of Section 192 of the Penal Code;
9) While operating a motor vehicle, refuses to submit to, or fails to complete, a chemical test or tests in violation of Section 23612 (Implied Consent Law Violation);
10) A violation of Section 2800.1, 2800.2, or 2800.3 that involves a commercial motor vehicle (Evading a Police Officer Violation);
11) Any combination of the above violations or a violation listed in paragraph (2) of subdivision (a) of Section 13350 or Section 13352 or 13357 that occurred while transporting a hazardous material.
The California DMV would issue an Order of Disqualification to a California Class "A" license holder convicted more than once of any of the above-referenced crimes. If a driver is unable to successfully appeal the Order through a Request for Administrative Review or a Writ of Mandate, he or she would incur a lifetime ban of their driving privilege of operating a commercial motor vehicle.
Since everyone's case is unique to that individual and the specific circumstances, you should consult with a competent CDL attorney to determine your best course of action. Our office has expertise in this area of the law, and we encourage you to reach out for a free consultation. Attorney Felicia Yates has been practicing law for over 35 years in California and may be contacted at (702) 817-4661, via e-mail at attorneyfeliciayates@gmail.com, or via website at https://www.attyfeliciayates.com.
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